United States v. Muldrow

Defendant Muldrow and Gomez were convicted of drug offenses in unrelated cases. In this appeal, defendants challenge the district court’s determination that the Guidelines commentary -- as amended by United States Sentencing Guideline Amendment 759 -- requires a district court at resentencing to calculate the “applicable guideline range” without applying any departures or variances from a defendant’s original sentencing range. The court concluded that Amendment 759’s clarifying definition is consistent with the text of USSG 1B1.10, and the court saw no inconsistency between the Guidelines and the commentary as revised by Amendment 759. The court joined its sister circuits and held that Amendment 759 binds sentencing courts. Accordingly, the court affirmed the judgment. View "United States v. Muldrow" on Justia Law