United States v. Smith
Opinion of the Court
In 2003, Raymond Smith received a sentence of 400 months after he was found guilty of conspiracy to distribute and possession with intent to distribute approximately 1,912 grams of cocaine base (commonly known as “crack”). Smith brought a motion under 18 U.S.C. § 3582(c) for a reduction in his sentence pursuant to a guidelines amendment (Amendment 706) which reduced the advisory base offense level for crack offenses by two levels. He also asked the district court
Smith appeals, arguing the district court had authority to conduct a full resen-tencing and erred by not doing so. He acknowledges his argument is foreclosed by United States v. Starks, 551 F.3d 839, 843 (8th Cir. 2009) (concluding district courts do not have authority, in resentenc-ing proceedings resulting from the crack cocaine amendments, to conduct full resen-tencings or grant reductions beyond the two-level decrease authorized by the Sentencing Commission), but brings this appeal in order to preserve the issue for further review.
Smith further argues the district court abused its discretion in failing to modify Smith’s sentence.
We affirm the judgment of the district court.
. The Honorable James M. Rosenbaum, United States District Judge for the District of Minnesota.
. Smith also contends that the district court should have reduced his sentence to a level below the low end of the guidelines range. This argument is foreclosed by Starks, 551 F.3d at 840.
Reference
- Full Case Name
- United States v. Raymond Damon SMITH
- Status
- Published