United States v. Scott ( 2010 )

Case: 08-20499 Document: 00511123107 Page: 1 Date Filed: 05/26/2010
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
May 26, 2010
No. 08-20499
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
WILLIE DEE SCOTT, JR.,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:98-CR-447-2
Before HIGGINBOTHAM, CLEMENT and SOUTHWICK, Circuit Judges.
PER CURIAM:*
Willie Dee Scott, Jr., appeals the district court’s denial of his 18 U.S.C.
§ 3582(c)(2) motion for reduction of sentence. Scott’s Section 3852(c)(2) motion
asserted that he was eligible for a sentence reduction based on Amendment 706,
which modified the sentencing guideline ranges applicable to crack cocaine
offenses by reducing the disparity between crack cocaine and powder cocaine
sentences.
*
Pursuant to 5TH CIR . R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .
R. 47.5.4.
Case: 08-20499 Document: 00511123107 Page: 2 Date Filed: 05/26/2010
No. 08-20499
Scott’s calculated sentencing guideline range was 210 to 262 months of
imprisonment. Scott, however, was subject to 18 U.S.C. § 841’s statutory
minimum sentence of 240 months. As a result, the calculated sentencing
guideline range of 210 to 262 months was displaced with a sentencing guideline
range of 240 to 262 months of imprisonment.
Under this court’s decision in United States v. Carter, 595 F.3d 575, 577-81
(5th Cir. 2010), because Scott was subject to a statutory minimum sentence,
which has not been amended since Scott’s sentencing, Scott was ineligible for a
sentence reduction under Section 3582(c)(2) and U.S.S.G. § 1B1.10,
nothwithstanding any departure below the statutory minimum sentence. Id.
Accordingly, the judgment of the district court is AFFIRMED.
2