United States v. Maurice Dawson

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 09a0566n.06
No. 08-3529 FILED
Aug 14, 2009
UNITED STATES COURT OF APPEALS LEONARD GREEN, Clerk
FOR THE SIXTH CIRCUIT
UNITED STATES OF AMERICA, )
)
Plaintiff-Appellee, )
)
v. ) ON APPEAL FROM THE UNITED
) STATES DISTRICT COURT FOR THE
MAURICE DAWSON, ) NORTHERN DISTRICT OF OHIO
)
Defendant-Appellant. )
)
)
Before: KEITH, GIBBONS, and KETHLEDGE, Circuit Judges.
JULIA SMITH GIBBONS, Circuit Judge. Defendant Maurice Dawson appeals from the
district court’s denial of his motion to reduce sentence under 18 U.S.C. § 3582(c)(2). Dawson
argues that the district court erred in concluding that Dawson’s status as a career offender prohibits
a court from modifying his sentence. At oral argument, Dawson’s counsel conceded that this court’s
recent decision in United States v. Perdue, ___ F.3d ___, No. 08-4358, 2009 U.S. App. LEXIS
15438, at *8-9 (6th Cir. July 14, 2009), which held that defendants sentenced as career offenders are
ineligible for sentence reductions based upon Amendment 706 of the Guidelines, forecloses his
argument. See United States Sentencing Guidelines Manual app. C, amend. 706 (2007) (reducing
the base-offense level for crack cocaine offenses). Consequently, we affirm the order of the district
court denying Dawson’s motion to reduce sentence.