Waters

United States v. Waters

Good Law
648 F.3d 1114·2011 WL 3634157·2011 U.S. App. LEXIS 17212
United States Court of Appeals for the Ninth CircuitAugust 19, 201110-50256California2,004 words

Opinion

Opinion

Fisher, J.

We hold that, when determining a sentencing range under U.S. Sentencing Guidelines Manual (U.S.S.G.) § lB1.10(b), a district court may apply the offense level dictated by the career offender guideline, U.S.S.G. § 4B1.1, even if the district court did not apply the § 4B1.1 offense level at the defendant’s original sentencing, so long as the court determined at the original sentencing that the defendant was a career offender. Applying that rule here, we affirm the district court’s dismissal of the defendant’s motion for a reduction of sentence.

Background

2002 Sentencing

Geary Waters was convicted of one count of possession with intent to distribute cocaine base (i.e., crack cocaine) and one count of possession with intent to distribute marijuana, in violation of 21 U.S.C. § 841 (a)(1). At his original sentencing in 2002, the district court calculated Waters’ sentencing range as follows.

The court first determined Waters’ offense level and criminal history category without consideration of the career offender guideline, U.S.S.G. § 4B1.1. Using the drug quantity table in U.S.S.G. § 2Dl.l(c) and the enhancement for use of a minor under U.S.S.G. § 3B1.4, the court…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.