United States v. Gregory Black

NONPRECEDENTIAL DISPOSITION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 July 20, 2012*
Decided July 23, 2012
Before
FRANK H. EASTERBROOK, Chief Judge
DIANE P. WOOD, Circuit Judge
DAVID F. HAMILTON, Circuit Judge
Nos. 12-1397 & 12-1574
UNITED STATES OF AMERICA, Appeals from the United States District
Plaintiff-Appellee, Court for the Southern District of Illinois.
v. No. 07-CR-30017-MJR
GREGORY C. BLACK, Michael J. Reagan,
Defendant-Appellant. Judge.
ORDER
This appeal mirrors United States v. Redd, 630 F.3d 649 (7th Cir. 2011). Under 18
U.S.C. § 3582(c)(2) Gregory Black’s sentence was reduced from 121 to 101 months because
two retroactive amendments issued by the Sentencing Commission (Amendments 706 and
711) lowered his guidelines range. He did not appeal. Eight months later he asked the
district court to modify that order and reduce his sentence further—this time on the basis
*
After examining the briefs and record, we have concluded that oral argument is
unnecessary. Thus, the appeal is submitted on the briefs and record. See FED. R. APP. P.
34(a)(2)(C).
Nos. 12-1397 & 12-1574 Page 2
of Amendment 750—but the court declined because that amendment did not lower his
guidelines range. This was the correct resolution. In Redd we explained that when a
defendant waits beyond the 14-day window to appeal before seeking reconsideration of a
§ 3582(c)(2) ruling, the defendant’s request must be treated as a new motion. 630 F.3d at650–51. But § 3582(c)(2) permits a sentence reduction only if the defendant’s sentencing
range “has subsequently been lowered by the Sentencing Commission,” and here—as Black
concedes—Amendment 750 did not lower his applicable guidelines range. Because the
amendment does not qualify him for another reduction, the district court properly denied
his request. See 18 U.S.C. § 3582(c)(2); U.S.S.G. § 1B1.10(a)(2)(B); United States v. Jackson, 573
F.3d 398, 399 (7th Cir. 2009); United States v. Forman, 553 F.3d 585, 588 (7th Cir. 2009).
AFFIRMED.