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10th Circuit decisions

By Shari Allison

U.S. v. Williams, 2008 WL 4636724 (10/21/08) (unpub'd) & U.S. v. Leroy, 2008 WL 4636725 (10/21/08) (unpub'd) - Two cases with identical language from two different panels with a total of six different judges calling into question the chances of applying Booker to § 3582(c)(2) cases. In both cases, the pro se defendants didn't qualify for a retroactive crack reduction because they were sentenced as career offenders. But in rejecting the defendants' reliance on Booker, the panels, after referring to § 1B1.10's requirement that all non-retroactive guideline calculations remain the same, state: "Thus, § 3582(c)(2) permits the court to consider only whether Mr. [Williams/Leroy] is entitled to a two-level offense reduction under Amendment 706 [the crack cocaine amendment], not to reevaluate his sentence under the Guidelines...continue to full post

Full post as published by Tenth Circuit Blog on October 28, 2008 (boomark / email).