United States v. Michael Ivan Brewster , 569 F. App'x 790 ( 2014 )

Case: 13-14969 Date Filed: 06/20/2014 Page: 1 of 3
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 13-14969
Non-Argument Calendar
________________________
D.C. Docket No. 1:93-cr-00150-LSC-PWG-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MICHAEL IVAN BREWSTER,
a.k.a. Mike,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Northern District of Alabama
________________________
(June 20, 2014)
Before HULL, MARCUS and WILSON, Circuit Judges.
PER CURIAM:
Case: 13-14969 Date Filed: 06/20/2014 Page: 2 of 3
Michael Brewster appeals pro se the district court’s denial of his 18 U.S.C.
§ 3582(c)(2) motion for a sentence reduction. Brewster, who was convicted of use
and possession of a firearm during and in relation to a drug trafficking crime as
well as conspiracy and attempt to possess with intent to distribute cocaine and
cocaine base, contends that because he was sentenced based on 1.5 kilograms of
cocaine base his Guidelines range was lowered by Amendment 750, which revised
the crack cocaine quantity tables to conform to the Fair Sentencing Act of 2010.
See U.S.S.G. App. C, Amend. 750. We review for abuse of discretion the district
court’s decision not to reduce a sentence under § 3582(c)(2). United States v.
Moreno, 421 F.3d 1217, 1219 (11th Cir. 2005) (per curiam).
At Brewster’s sentencing, the court adopted all factual statements found in
Brewster’s Presentence Investigation Report (PSR), including a statement
attributing 4 kilograms of crack cocaine to the conspiracy, and gave Brewster a
base offense level of 36. The court’s finding as to the amount of crack Brewster
was responsible for is not reviewable in a § 3582(c) resentencing. See United
States v. Davis, 587 F.3d 1300, 1303 (11th Cir. 2009) (per curiam) (noting that, in
a § 3582(c) resentencing, district courts “must maintain all original sentencing
determinations apart from the original Guidelines range” (internal quotation marks
omitted)).
2
Case: 13-14969 Date Filed: 06/20/2014 Page: 3 of 3
After Amendment 750, a defendant who is responsible for 2.8 to 8.4
kilograms of crack cocaine, receives a base offense level of 36—the same base
offense level Brewster, whose conspiracy involved 4 kilograms of crack, originally
received. U.S.S.G. § 2D1.1(c)(2). Because the amendment does not impact the
applicable Guidelines range, the district court correctly denied Brewster’s motion.
See 18 U.S.C. § 3582(c)(2); U.S.S.G. § 1B1.10(a)(2)(B) (noting that a § 3582(c)
reduction is not authorized unless an amendment lowers a defendant’s guideline
range).
AFFIRMED.
3