United States v. Peters

After a jury trial in 2009, Defendant was convicted of conspiracy to distribute fifty grams or more of cocaine base and a related firearms conspiracy. The district court applied the maximum base offense level for drug-trafficking crimes under the Guidelines given the quantity of cocaine base attributable to Defendant. Following the Fair Sentencing Act of 2010, the Sentencing Commission amended the Guidelines with respect to cocaine base offenses by increasing the minimum quantity of cocaine base necessary to trigger the maximum base offense level from 8.4 to 25.2 kilograms. In 2015, Defendant moved for a sentence reduction under 18 U.S.C. 3582(c)(2). The district court denied the motion, concluding that the quantity of controlled substance in the offense of conviction rendered Defendant ineligible for a sentence reduction under the retroactive crack amendment. The Fourth Circuit affirmed, holding (1) the district court adequately explained why it found Defendant ineligible; and (2) the district court did not err by finding Defendant responsible for at least 25.2 kilograms of cocaine base. View "United States v. Peters" on Justia Law