Dist. Ct. erred in denying defendant’s motion to reduce his 168-month sentence on charge of possession with intent to distribute crack cocaine, where said motion was based on retroactive two-level reduction in guideline sentencing range, where Dist. Ct. based denial, in part, on misperception that defendant had incurred “recent” disciplinary infraction in prison, and that defendant remained significant danger to community. Record failed to support Dist. Ct.’s finding that defendant’s prison infractions were recent, and Dist. Ct. failed to consider whether defendant was likely to remain danger to community at time of his scheduled release date. Also, Dist. Ct. should consider on remand defendant’s efforts to obtain his GED certificate when determining whether defendant‘s sentence should be reduced.
Federal 7th Circuit Court
Criminal Court
Sentencing