U.S. v. Guyton

Dist. Ct. did not err in denying defendant's motion for reduction of sentence under 18 USC section 3582(c)(2), even though Sentencing Commission retroactively reduced guideline range for crack cocaine offenses, where defendant was originally sentenced as career offender on crack cocaine offense. Under Forman, 553 F3d 585, defendant, as career offender, was not eligible for reduced sentence under section 3582(c)(2), even though defendant had received downward departure under section 5K1.1 of USSG for giving substantial assistance to govt. that placed his eventual sentence within range for instant crack cocaine offense, which would have applied to defendant in absence of career offender designation. Ct. found that for purposes of section 3582(c)(2), relevant sentencing range is sentencing range that was calculated before he received benefit of downward departure.