U.S. v. Foster

Federal 7th Circuit Court
Criminal Court
Case Number: 
No. 12-2699
Decision Date: 
February 8, 2013
Federal District: 
N.D. Ill., E. Div.
Dist. Ct. did not err in imposing new 120-month statutory minimum sentence on drug charges involving crack cocaine based upon defendant’s motion for reduction of sentence under section 3582 stemming from retroactive reduction in sentencing guidelines. While defendant sought further reduction under Fair Sentencing Act of 2010, Dist. Ct. properly found that it lacked authority to reduce defendant’s sentence below statutory minimum that was in effect when defendant committed charged offense in 2008. Moreover, because motion under section 3582 is not full re-sentencing proceeding, defendant is covered by pre-2010 version of cocaine statutes.