Waters
United States v. Waters
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…