United States v. Douglas Richard Hewitt , 368 F. App'x 962 ( 2010 )


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  •                                                         [DO NOT PUBLISH]
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE ELEVENTH CIRCUIT
    ________________________           FILED
    U.S. COURT OF APPEALS
    No. 09-12622         ELEVENTH CIRCUIT
    MARCH 17, 2010
    Non-Argument Calendar
    JOHN LEY
    ________________________
    CLERK
    D. C. Docket No. 89-00074-CR-J-16
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    DOUGLAS RICHARD HEWITT,
    a.k.a. Dougie,
    Defendant-Appellant.
    ________________________
    Appeal from the United States District Court
    for the Middle District of Florida
    _________________________
    (March 17, 2010)
    Before EDMONDSON, PRYOR and ANDERSON, Circuit Judges.
    PER CURIAM:
    Douglas Richard Hewitt appeals the denial of his motion for a reduction of
    sentence. 
    18 U.S.C. § 3582
    (c)(2). We affirm.
    We review de novo conclusions about the scope of the legal authority of the
    district court under section 3582(c)(2). United States v. Jones, 
    548 F.3d 1366
    ,
    1368 (11th Cir. 2008).
    Amendment 706 to the Sentencing Guidelines reduced base offense levels for
    crack cocaine offenses. If a defendant was responsible for at least 4.5 kilograms of
    crack cocaine, Amendment 706 does not reduce his applicable guideline range, and
    he is ineligible for a sentence reduction under section 3582(c)(2). Jones, 
    548 F.3d at 1369
    . The decision of the Supreme Court in United States v. Booker, 
    543 U.S. 220
    , 
    125 S. Ct. 738
     (2005), does not provide an independent basis to reduce his
    sentence. Jones, 
    548 F.3d at 1369
    .
    Hewitt was ineligible for a sentence reduction under section 3582(c)(2).
    Jones, 
    548 F.3d at 1369
    . During Hewitt’s original sentencing, the district court
    adopted the finding in the presentence investigation report that Hewitt was
    responsible for in excess of 5 kilograms of crack cocaine. We affirm the denial of
    Hewitt’s motion for a reduction of sentence.
    AFFIRMED.
    2
    

Document Info

Docket Number: 09-12622

Citation Numbers: 368 F. App'x 962

Filed Date: 3/17/2010

Precedential Status: Non-Precedential

Modified Date: 1/12/2023