United States v. Eddie Gregory , 334 F. App'x 769 ( 2009 )


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  •                               NONPRECEDENTIAL DISPOSITION
    To be cited only in accordance with
    Fed. R. App. P. 32.1
    United States Court of Appeals
    For the Seventh Circuit
    Chicago, Illinois 60604
    Submitted October 16, 2009∗
    Decided October 23, 2009
    Before
    FRANK H. EASTERBROOK , Chief Judge
    KENNETH F. RIPPLE , Circuit Judge
    TERENCE T. EVANS, Circuit Judge
    No. 09-1514
    Appeal from the United
    UNITED STATES OF AMERICA,                                         States District Court for the
    Plaintiff-Appellee,                                         Southern District of Indiana,
    Indianapolis Division.
    v.
    No. 1:93-CR-00148-15
    EDDIE D. GREGORY,                                                 Larry J. McKinney, Judge.
    Defendant-Appellant.
    Order
    Eddie D. Gregory is serving a sentence of 480 months’ imprisonment for crack-
    cocaine offenses. After the Sentencing Commission reduced the Guideline ranges for
    such crimes, and made the reductions retroactive, Gregory filed a motion under 
    18 U.S.C. §3582
    (c)(2) asking for a lower sentence. The district court denied that motion;
    Gregory appeals. The appeal was received after the 10 days allowed, but the prison-
    mailbox rule makes it timely.
    ∗ This successive appeal has been submitted to the original panel under Operating Procedure 6(b). After
    examining the briefs and the record, we have concluded that oral argument is unnecessary. See Fed. R.
    App. P. 34(a); Cir. R. 34(f).
    No. 09-1514                                                                  Page 2
    Gregory’s sentence is within the range of 360 months to life that was prescribed
    for his offense level of 42 and his criminal history category of VI. The retroactive
    change to the Guidelines reduced the offense level from 42 to 40. The range for level 40
    likewise is 360 months to life. Section 3583(c)(2) allows the district judge to change a
    sentence only when the revised guideline lowers the sentencing range. The district
    court rightly concluded that this had not occurred for Gregory, making him ineligible.
    Gregory’s brief does not disagree with this understanding. Instead he contends
    that he should receive a complete resentencing, at which he would argue that criminal
    history category VI overstates the seriousness of his record and that he should receive a
    lower sentence under United States v. Booker, 
    543 U.S. 220
     (2005), and its successors. But
    §3582(c)(2) does not authorize a full resentencing. See United States v. Cunningham, 
    554 F.3d 703
     (7th Cir. 2009). The original offense-level and criminal-history calculations must
    be taken as established; the question under the statute is whether a change in the
    Guidelines affects the resulting range. The change did not affect Gregory’s range, so the
    statute does not authorize resentencing.
    AFFIRMED
    

Document Info

Docket Number: 09-1514

Citation Numbers: 334 F. App'x 769

Judges: Per Curiam

Filed Date: 10/23/2009

Precedential Status: Non-Precedential

Modified Date: 1/12/2023