United States v. Wyche, No. 12-3034 (D.C. Cir. 2014)
Annotate this CaseIn 2008, Defendants Wyche and Smith moved for sentence reductions after amendments to the United States Sentencing Guidelines lowered the sentencing ranges for cocaine base crimes. The district court granted Smith's motion but did not then rule on Wyche's motion. In 2011, Wyche and Smith filed resentencing motions after the Sentencing Commission again lowered the sentencing ranges for cocaine base offenses. The district court denied Smith's most recent resentencing motion and both of Wyche's motions. Because Wyche's pre-2011 amendment total offense level was 41, his total offense level and guideline range under the 2011 amendment would in fact increase, thereby precluding relief under 18 U.S.C. 3582(c)(2). Because the record reflected that the 2012 district court's calculation of 8.4 kilograms was not clearly erroneous, a quantity finding greater than 840 grams of cocaine base was not clearly erroneous either. And because Smith was not eligible for a second sentence reduction, the 2012 district court did not abuse its discretion in denying his motion. Accordingly, the court affirmed the district court's judgments.
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