United States v. Troy Burton

NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with
Fed. R. App. P. 32.1
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted June 23, 2009*
Decided June 29, 2009
Before
RICHARD D. CUDAHY, Circuit Judge
RICHARD A. POSNER, Circuit Judge
TERENCE T. EVANS, Circuit Judge
No. 08-3300
UNITED STATES OF AMERICA, Appeal from the United States District
Plaintiff-Appellee, Court for the Eastern District of
Wisconsin.
v.
No. 04-CR-245
TROY S. BURTON,
Defendant-Appellant. J.P. Stadtmueller,
Judge.
ORDER
Troy Burton was sentenced as an Armed Career Criminal and is serving 180 months
in prison, the statutory minimum, for possessing a firearm as a felon. See 18 U.S.C.
§§ 922(g)(1), 924(e)(1). Burton moved to have his sentence reduced pursuant to 18 U.S.C.
§ 3582(c)(2) because, he says, Amendment 709 to the sentencing guidelines entitles him to a
*
After examining the briefs and record, we have concluded that oral argument is
unnecessary. Thus, the appeal is submitted on the briefs and the record. See FED. R. A PP. P.
34(a)(2).
No. 08-3300 Page 2
lower sentence. See U.S.S.G. § 4A1.2(a)(2), Supp. to App. C 235 (2008) (Amendment 709).
The district court denied the motion.
Amendment 709 was not made retroactive by the Sentencing Commission and is not
a ground for reduction under § 3582(c)(2). United States v. Alexander, 553 F.3d 591, 593 (7th
Cir. 2009). More importantly, Amendment 709, which altered the rules for calculating
criminal history under the Sentencing Guidelines, has no relevance to the determination
whether a defendant qualifies as an Armed Career Criminal. See U.S.S.G. § 4B1.4 cmt. no. 1;
United States v. Hobbs, 135 F.3d 384, 388 (4th Cir. 1998); United States v. Wright, 48 F.3d 254,
255-56 (7th Cir. 1995). Even if the amendment had been made retroactive, it could not have
benefitted Burton.
AFFIRMED.