United States v. Waters, Jr., No. 10-50256 (9th Cir. 2011)
Annotate this CaseDefendant was convicted of one count of possession with intent to distribute cocaine base and one count of possession with intent to distribute marijuana. Defendant appealed the denial of his motion to have his sentence reduced pursuant to 18 U.S.C. 3582(c)(2). The court held that, when determining a sentencing range under U.S.S.G. 1B1.10(b), a district court could apply the offense level dictated by the career offender guidelines, U.S.S.G. 4B1.1, offense level at the defendant's original sentencing, so long as the court determined at the original sentencing that defendant was a career offender. Accordingly, the court affirmed the district court's dismissal of defendant's motion for a reduction of sentence.
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