The amendment to the Federal Sentencing Guidelines lowering the penalty for crack cocaine doesn't help a defendant who remains subject to the statutory mandatory minimum. In United States v. Jackson, USCA9 08-30231, Aug. 14, the defendant hit the trifecta for his appellate panel, B. Fletcher, Tashima, and Thomas, but still did not get a sentence reduction.
Tyrone Jackson appeals the district court's denial of his motion for a sentence reduction pursuant to 18 U.S.C. § 3582(c)(2). Jackson, who pled guilty to possession of crack cocaine with intent to distribute, contends that the district court should have reduced his sentence on the basis of Amendment 706 to the U.S. Sentencing Guidelines ("U.S.S.G."), which lowered the guideline ranges for crack cocaine offenses. Although the district court waived the mandatory minimum sentence in Jackson's case, we hold that his sentence was nevertheless based on the statutory mandatory minimum (the "mandatory minimum"), not on a guideline range that was affected by Amendment 706. Therefore, we affirm the district court's conclusion that it did not have the authority to grant relief under § 3582(c)(2).
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