United States v. Forman, 553 F.3d 585 (7th Cir. 2009). · Go Syfert
United States v. Forman, 553 F.3d 585 (7th Cir. 2009). Cases Citing This Book View Copy Cite
224 citation events (224 in the last 25 years) across 15 distinct courts.
Strongest positive: United States of America v. Brian Powell (nhd, 2024-10-15)
Treatment trajectory · 2009 → 2026 · click a year to view as-of
2009 2017 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) United States of America v. Brian Powell
D.N.H. · 2024 · confidence medium
See United States v. Manso-Zamora, 991 F.3d 694 , 696 (6th Cir. 2021) (“[E]very federal court of appeals to address the issue has agreed that there is no constitutional (or statutory) right to appointed counsel in § 3582(c) proceedings.”); see also United States v. Hemmelgarn, 15 F.4th 1027 , 1032 (10th Cir. 2021); United States v. Meeks, 971 F.3d 830 , 833 (8th Cir. 2020); United States v. Forman, 553 F.3d 585, 590 (7th Cir. 2009) (per curiam), 2 overruled on other grounds by United States v. Taylor, 778 F.3d 667, 669 (7th Cir. 2015); United States v. Webb, 565 F.3d 789, 795-96 (11th Cir…
discussed Cited as authority (rule) Boyd v. United States
N.D. Ill. · 2023 · confidence medium
The Seventh Circuit has instructed that 18 U.S.C. § 3582 (c)(2) “is not part of the process of conviction or direct appellate review, and a request for resentencing under that section does not entail the sort of procedure that is appropriate to an initial sentencing”; thus “the Constitution does not entitle a prisoner seeking a lower sentence to the appointment of counsel at public expense.” United States v. Blake, 986 F.3d 756, 758 (7th Cir. 2021) (first citing Dillon v. United States, 560 U.S. 817 (2010); and then citing United States v. Forman, 553 F.3d 585, 590 (7th Cir. 2009)); s…
discussed Cited as authority (rule) United States v. Vladimir Manso-Zamora
6th Cir. · 2021 · confidence medium
No. 29.) It would be “unreasonable” to compel Manso-Zamora’s current attorney to continue providing legal services. 6th Cir. R. 12(c)(4)(D). (6th Cir. Dec. 16, 2009); United States v. Morris, No. 08-3686, 2009 U.S. App. LEXIS 29945 , at *3 (6th Cir. June 16, 2009). 2 See, e.g., United States v. Meeks, 971 F.3d 830, 833 (8th Cir. 2020); United States v. Webb, 565 F.3d 789, 795-96 (11th Cir. 2009) (per curiam); United States v. Forman, 553 F.3d 585, 590 (7th Cir. 2009); United States v. Legree, 205 F.3d 724, 730 (4th Cir. 2000); United States v. Townsend, 98 F.3d 510, 513 (9th Cir. 1996); …
discussed Cited as authority (rule) United States v. Tray Williams
5th Cir. · 2017 · confidence medium
In Banks, the defendant’s drug quantity guideline range under § 2D1.1 (38/VI) was higher than his career offender guideline range under § 4B1.1 United States v. Munn, 595 F.3d 183, 187 (4th Cir. 2010); United States v. Webb, 760 F.3d 513, 519 (6th Cir. 2014); United States v. Forman, 553 F.3d 585, 589 (7th Cir. 2009); United States v. Tingle, 524 F.3d 839 (8th Cir. 2008); United States v. Wesson, 583 F.3d 728, 731 (9th Cir. 2009); United States v. Sharkey, 543 F.3d 1236, 1239 (10th Cir. 2008); United States v. Moore, 541 F.3d 1323, 1327-30 (11th Cir. 2008); and United States v. Berry, 618 …
discussed Cited as authority (rule) United States v. Quintanilla
5th Cir. · 2017 · confidence medium
See United States v. Caraballo, 552 F.3d 6, 10 (1st Cir. 2008); United States v. Mock, 612 F.3d 133, 138 (2d Cir. 2010); United States v. Mateo, 560 F.3d 152, 154-55 (3d Cir. 2009); United States v. Munn, 595 F.3d 183, 187 (4th Cir. 2010); United States v. Webb, 760 F.3d 513, 519 (6th Cir. 2014); United States v. Forman, 553 F.3d 585, 589 (7th Cir. 2009); United States v. Tingle, 524 F.3d 839 (8th Cir. 2008); United States v. Wesson, 583 F.3d 728, 731 (9th Cir. 2009); United States v. Sharkey, 543 F.3d 1236, 1239 (10th Cir. 2008); United States v. Moore, 541 F.3d 1323, 1327-30 (11th Cir. 2008)…
discussed Cited as authority (rule) United States v. Feauto
N.D. Iowa · 2015 · confidence medium
As I explained in the tentative opinion, the Seventh Circuit Court of Appeals has observed, “Nothing in § 3582(c)(2) permits a court to reduce a sentence below the mandatory minimum.” United States v. Forman, 553 F.3d 585, 588 (7th Cir.2009) (per cwiam), overruled on other grounds by United States v. Taylor, 778 F.3d 667 (7th Cir.2015).
discussed Cited as authority (rule) United States v. Kevyn Taylor (2×)
7th Cir. · 2015 · confidence medium
The court did not deny Taylor’s motion on the merits but dismissed it for lack of subject-matter jurisdiction, citing United States v. Lawrence, 535 F.3d 631, 637-38 (7th Cir.2008), and United States v. Forman, 553 F.3d 585, 588 (7th Cir.2009), which both treat eligibility for relief under § 3582(c)(2) as an issue of subject-matter jurisdiction.
cited Cited as authority (rule) United States v. Gregory Brown
7th Cir. · 2014 · confidence medium
See United States v. Williams, 694 F.3d 917, 918 (7th Cir.2012); United States v. Griffin, 652 F.3d 793, 803 (7th Cir.2011); United States v. Forman, 553 F.3d 585, 589-90 (7th Cir.2009).
cited Cited as authority (rule) United States v. Larry Lovett
7th Cir. · 2014 · confidence medium
See United States v. Davis, 682 F.3d 596, 610-11 (7th Cir.2012); United States v. Forman, 553 F.3d 585, 589 (7th Cir.2009).
cited Cited as authority (rule) United States v. Morales
7th Cir. · 2013 · confidence medium
See United States v. Irons, 712 F.3d 1185,1189 (7th Cir.2013); United States v. Forman, 553 F.3d 585, 588 (7th Cir .2009).
cited Cited as authority (rule) United States v. Mario Morales
7th Cir. · 2013 · confidence medium
See United States v. Irons, 712 F.3d 1185, 1189 (7th Cir. 2013); United States v. Forman, 553 F.3d 585, 588 (7th Cir. 2009).
discussed Cited as authority (rule) United States v. Clennon Fuller
6th Cir. · 2013 · confidence medium
See United States v. Caraballo, 552 F.3d 6, 10 (1st Cir.2008); United States v. Mock, 612 F.3d 133, 138 (2d Cir.2010); United States v. Mateo, 560 F.3d 152, 154-55 (3d Cir.2009); United States v. Anderson, 591 F.3d 789, 791 (5th Cir.2009); United States v. For-man, 553 F.3d 585, 589 (7th Cir.2009) (per curiam); United States v. Tingle, 524 F.3d 839 (8th Cir.2008) (per curiam); United States v. Wesson, 583 F.3d 728, 731 (9th Cir.2009); United States v. Sharkey, 543 F.3d 1236, 1239 (10th Cir.2008); United States v. Moore, 541 F.3d 1323 , 1327-30 *498 (llth Cir.2008); United States v. Berry, 618 …
discussed Cited as authority (rule) Cintron-Boglio v. United States
D.P.R. · 2013 · confidence medium
United States v. Harris, 568 F.3d 666, 668-69 (8th Cir.2009); United States v. Webb, 565 F.3d 789, 793-94 (11th Cir.2009); United States v. Forman, 553 F.3d 585, 590 (7th Cir.2009); cf. United States v. Robinson, 542 F.3d 1045, 1051-52 (5th Cir.2008); United States v. Taylor, 414 F.3d 528, 535-36 (4th Cir.2005).
cited Cited as authority (rule) United States v. Mario Oliea
7th Cir. · 2013 · confidence medium
See, e.g., United States v. Williams, 694 F.3d 917, 918-19 (7th Cir.2012); United States v. Guyton, 636 F.3d 316, 318 (7th Cir.2011); United States v. Forman, 553 F.3d 585, 589-90 (7th Cir.2009).
discussed Cited as authority (rule) United States v. Frederick Irons
7th Cir. · 2013 · confidence medium
However, if the defendant fails to meet the first condition, “a district court lacks subject-matter jurisdiction to consider the [defendant’s] request for a sentence reduction under § 3582(c)(2).” United States v. Forman, 553 F.3d 585, 588 (7th Cir.2008).
cited Cited as authority (rule) United States v. Ronald Blake
7th Cir. · 2013 · confidence medium
See Guyton, 636 F.3d at 318 ; United States v. Jackson, 573 F.3d 398 , 399‐400) (7th Cir. 2009); United States v. Forman, 553 F.3d 585, 590 (7th Cir. 2009).
cited Cited as authority (rule) United States v. Blake
7th Cir. · 2013 · confidence medium
See Guyton, 636 F.3d at 318 ; United States v. Jackson, 573 F.3d 398, 399-400 (7th Cir.2009); United States v. Forman, 553 F.3d 585, 590 (7th Cir.2009).
cited Cited as authority (rule) United States v. Jason Foster
7th Cir. · 2013 · confidence medium
United States v. Forman, 553 F.3d 585, 590 (7th Cir. 2009).
discussed Cited as authority (rule) United States v. Roberts
7th Cir. · 2013 · confidence medium
The right to appointed counsel does not extend to proceedings under § 3582(c)(2), United States v. Forman, 553 F.3d 585, 590 (7th Cir.2009); United States v. Tidwell, 178 F.3d 946, 949 (7th Cir.1999), and thus counsel need not have complied with the Anders safeguards before moving to withdraw, see Pennsylvania v. Finley, 481 U.S. 551, 554-55 , 107 S.Ct. 1990 , 95 L.Ed.2d 539 (1987); DiAngelo v. Ill.
discussed Cited as authority (rule) United States v. Donte Roberts
7th Cir. · 2013 · confidence medium
The right to appointed counsel does not extend to proceedings under § 3582(c)(2), United States v. Forman, 553 F.3d 585, 590 (7th Cir. 2009); United States v. Tidwell, 178 F.3d 946, 949 (7th Cir. 1999), and thus counsel need not have complied with the Anders safeguards before moving to withdraw, see Pennsylvania v. Finley, 481 U.S. 551 , 554–55 (1987); DiAngelo v. Ill.
cited Cited as authority (rule) United States v. Frank Ciota
7th Cir. · 2012 · confidence medium
See Dillon, 130 S.Ct. at 2691 ; United States v. Forman, 553 F.3d 585, 588 (7th Cir.2009).
discussed Cited as authority (rule) United States v. Ricardo Calderon
3rd Cir. · 2012 · confidence medium
No. 42.) Relying on United States v. Forman, 553 F.3d 585, 588 (7th Cir.2009), the District Court dismissed the motion for lack of subject matter jurisdiction because Calderon’s sentence was based on the career offender guideline, and not on a sentencing range that was subsequently lowered by the Sentencing Commission.
discussed Cited as authority (rule) United States v. Ulysses Williams
7th Cir. · 2012 · confidence medium
There was no possible basis for a further reduction, as his lawyer points out in an Anders brief, and we write only to refine the statement in our opinion in United States v. Forman, 553 F.3d 585, 589 (7th Cir.2009) (per curiam), that “Amendment 706 provides no benefit to career offenders.” See also United States v. Knox, 573 F.3d 441, 450 (7th Cir.2009); United States v. Mateo, 560 F.3d 152, 155 (3d Cir.2009).
discussed Cited as authority (rule) United States v. Daxtrell D. Robinson
7th Cir. · 2012 · confidence medium
(The government does not argue that the district court’s decision last year refusing to apply the Act retroactively to Robinson precludes him from relitigating the matter, so like the parties we proceed to the merits.) Section 3582(c)(2) permits a court to reduce the term of imprisonment if the’s sentencing range “has subsequently been lowered by the Sentencing Commission” and “such a reduction is consistent with applicable policy statements issued by the Sentencing Commission.” As for the second condition, Application Note 1(A) of U.S.S.G. § 1B1.10 provides that a reduction is in…
discussed Cited as authority (rule) United States v. Juan R. Gonzalez
7th Cir. · 2012 · confidence medium
In fact, defendants pursuing relief under § 3582(c)(2) do not have a right to appointed counsel, see United States v. Forman, 553 F.3d 585, 590 (7th Cir.2009); United States v. Tidwell, 178 F.3d 946, 949 (7th Cir.1999), though we recognize and appreciate the fact that many such defendants *859 have benefited from the help of federal defenders and others who have volunteered their services.
cited Cited as authority (rule) United States v. Gregory Black
7th Cir. · 2012 · confidence medium
See 18 U.S.C. § 3582 (c)(2); U.S.S.G. § lB1.10(a)(2)(B); United States v. Jackson, 573 F.3d 398, 399 (7th Cir.2009); United States v. Forman, 553 F.3d 585, 588 (7th Cir.2009).
cited Cited as authority (rule) United States v. Kevin Snulligan
7th Cir. · 2012 · confidence medium
See United States v. Guyton, 636 F.3d 316, 318 (7th Cir.2011); United States v. Jackson, 573 F.3d 398, 399-400 (7th Cir.2009); United States v. Forman, 553 F.3d 585, 589-90 (7th Cir.2009).
discussed Cited as authority (rule) United States v. Aaron Davis
7th Cir. · 2012 · confidence medium
If the “first condition is not met, a district court lacks subject-matter jurisdiction to consider the movant’s request for a sentence reduction under § 3582(c)(2).” United States v. Forman, 553 F.3d 585, 588 (7th Cir.2009); Lawrence, 535 F.3d at 637 .
cited Cited as authority (rule) United States v. Johnnie Mosley
7th Cir. · 2012 · confidence medium
See United States v. Guyton, 636 F.3d 316, 318 (7th Cir.2011); United States v. Jackson, 573 F.3d 398, 399-400 (7th Cir.2009); United States v. Forman, 553 F.3d 585, 589-90 (7th Cir.2009).
discussed Cited as authority (rule) United States v. Jerrold Hammer
8th Cir. · 2012 · confidence medium
See U.S.S.G. § 1B1.10, comment. (n.5(A)) (2011); United States v. Morales, 590 F.3d 1049, 1052-53 (9th Cir.2010); United States v. Fontenot, 583 F.3d 743, 744-45 (10th Cir.2009); United States v. Forman, 553 F.3d 585, 588-89 (7th Cir.2009) (per curiam).
discussed Cited as authority (rule) United States v. Ricky Reid
7th Cir. · 2012 · confidence medium
Reid has filed a notice of appeal, but his appointed lawyer deems the matter frivolous and, although acknowledging that defendants pursuing relief under § 3582(c)(2) have no right to appointed counsel, see United States v. Forman, 553 F.3d 585, 590 (7th Cir.2009); United States v. Tidwell, 178 F.3d 946, 949 (7th Cir.1999), has out of an abundance of care filed a brief in the form required of an attorney seeking to withdraw under Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967).
discussed Cited as authority (rule) United States v. Coverson
7th Cir. · 2012 · confidence medium
But because there is no right to appointed counsel in a proceeding under § 3582(c)(2), see United States v. Forman, 553 F.3d 585, 590 (7th Cir.2009); United States v. Tidwell, 178 F.3d 946, 949 (7th Cir.1999), counsel need not have complied-with the Anders safeguards before moving to withdraw, see Pennsylvania v. Finley, 481 U.S. 551, 554-55 , 107 S.Ct. 1990 , 95 L.Ed.2d 539 (1987); DiAngelo v. Ill.
discussed Cited as authority (rule) United States v. Reginald Coverson
7th Cir. · 2012 · confidence medium
But because there is no right to appointed counsel in a proceeding under § 3582(c)(2), see United States v. Forman, 553 F.3d 585, 590 (7th Cir. 2009); United States v. Tidwell, 178 F.3d 946, 949 (7th Cir. 1999), counsel need not have complied with the Anders safeguards before moving to withdraw, see Pennsylvania v. Finley, 481 U.S. 551 , 554–55 (1987); DiAngelo v. Ill.
discussed Cited as authority (rule) United States v. Ernest Parker-Bey (2×) also: Cited "see"
7th Cir. · 2012 · confidence medium
Yet there is no right to appointed counsel in a proceeding under § 3582(c)(2), United States v. Forman, 553 F.3d 585, 590 (7th Cir. 2009); United States v. Tidwell, 178 F.3d 946, 949 (7th Cir. 1999), and thus counsel need not have complied with the Anders safeguards before moving to withdraw, see Pennsylvania v. Finley, 481 U.S. 551, 555 (1987); DiAngelo v. Ill.
discussed Cited as authority (rule) United States v. Parker (2×) also: Cited "see"
7th Cir. · 2012 · confidence medium
Yet there is no right to appointed counsel in a proceeding under § 3582(c)(2), United States v. Forman, 553 F.3d 585, 590 (7th Cir.2009); United States v. Tidwell, 178 F.3d 946, 949 (7th Cir.1999), and thus counsel need not have complied with the Anders safeguards before moving to withdraw, see Pennsylvania v. Finley, 481 U.S. 551, 555 , 107 S.Ct. 1990 , 95 L.Ed.2d 539 (1987); DiAngelo v. Ill.
cited Cited as authority (rule) United States v. Martin, Troy
7th Cir. · 2011 · confidence medium
United States v. Forman, 553 F.3d 585, 590 (7th Cir. 2009).
discussed Cited as authority (rule) United States v. Rivera (2×)
2d Cir. · 2011 · confidence medium
Burns, J. ) denied Rivera's motion for a reduction of sentence. [4] See United States v. Ayala-Pizarro, 551 F.3d 84, 85 (1st Cir.2008); United States v. Mateo, 560 F.3d 152, 155 (3d Cir.2009); United States v. Anderson, 591 F.3d 789, 791 (5th Cir.2009); United States v. Perdue, 572 F.3d 288, 292-93 (6th Cir.2009), cert. denied, ___ U.S. ___, 130 S.Ct. 1537 , 176 L.Ed.2d 133 (2010); United States v. Forman, 553 F.3d 585, 589-90 (7th Cir.), cert. denied, ___ U.S. ___, 129 S.Ct. 1924 , 173 L.Ed.2d 1071 , and cert. denied, ___ U.S. ___, 129 S.Ct. 2817 , 174 L.Ed.2d 310 (2009); United States v. Tho…
discussed Cited as authority (rule) United States v. Griffin
7th Cir. · 2011 · confidence medium
See U.S.S.G. § 1B1.10 cmt. n. 1(A) (“[A] reduction in the defendant’s term of imprisonment is not authorized under 18 U.S.C. § 3582 (c)(2) and is not consistent with this policy statement if ... an amendment listed in sub-section (c) is applicable to the defendant but the amendment does not have the effect of lowering the defendant’s applicable guideline range because of the operation of another guideline .... ”); United States v. Forman, 553 F.3d 585, 590 (7th Cir.2009) (holding that because the defendant’s guidelines range remained the same after a retroactive guidelines amendmen…
discussed Cited as authority (rule) United States v. Guyton
7th Cir. · 2011 · confidence medium
We held in United States v. Forman, 553 F.3d 585, 589-90 (7th Cir.2009), that a crack cocaine offender sentenced under the career offender guideline was not eligible for a reduced sentence under section 3582(c)(2).
cited Cited as authority (rule) United States v. Craig Mable
3rd Cir. · 2011 · confidence medium
As we concluded in Mateo , “Amendment 706 simply ‘provides no benefit to career offenders.’ ” 560 F.3d at 155 , quoting United States v. Forman, 553 F.3d 585, 589 (7th Cir.2009).
cited Cited as authority (rule) United States v. Tony Clark
7th Cir. · 2010 · confidence medium
United States v. Forman, 553 F.3d 585, 588 (7th Cir. 2009) (per curiam).
cited Cited as authority (rule) United States v. Clark
7th Cir. · 2010 · confidence medium
United States v. Forman, 553 F.3d 585, 588 (7th Cir.2009) (per curiam).
cited Cited as authority (rule) United States v. Tony Clark
7th Cir. · 2010 · confidence medium
United States v. Forman, 553 F.3d 585, 588 (7th Cir. 2009) (per curiam).
cited Cited as authority (rule) James Bedree v. Personal Representat
7th Cir. · 2010 · confidence medium
See Helcher, 595 F.3d at 719 n.4; United States v. Forman, 553 F.3d 585, 590 (7th Cir.), cert. denied, 129 S. Ct. 2817 (2009).
cited Cited as authority (rule) Bedree v. Bedree
7th Cir. · 2010 · confidence medium
See Helcher, 595 F.3d at 719 n. 4; United States v. Forman, 553 F.3d 585, 590 (7th Cir.), cert. denied, — U.S. -, 129 S.Ct. 2817 , 174 L.Ed.2d 310 (2009).
discussed Cited as authority (rule) United States v. McGlothlin
7th Cir. · 2010 · confidence medium
As counsel correctly points out, absent a government motion to reduce the sentence based on substantial assistance, see 18 U.S.C. § 3553 (e), the district court was constrained from sentencing McGlothlin to anything less than 180 months’ imprisonment, see United States v. Forman, 553 F.3d 585, 588 (7th Cir.2009) (per curiam).
discussed Cited as authority (rule) United States v. Richard McGlothlin
7th Cir. · 2010 · confidence medium
As counsel correctly points out, absent a government motion to reduce the sentence based on substantial assistance, see 18 U.S.C. § 3553 (e), the district court was constrained from sentencing McGlothlin to anything less than 180 months’ imprisonment, see United States v. Forman, 553 F.3d 585, 588 (7th Cir. 2009) (per curiam).
discussed Cited as authority (rule) United States v. Jeffrey Bass
6th Cir. · 2010 · confidence medium
The Perdue court held that “a district court may not grant a motion for a reduction in sentence premised upon Amendment 706 if the defendant seeking the reduction was originally sentenced as a career offender.” Id. at 292 (citing United States v. Mateo, 560 F.3d 152, 155 (3d Cir.2009); United States v. Forman, 553 F.3d 585, 589 (7th Cir.2009); United States v. Caraballo, 552 F.3d 6, 9 (1st Cir.2008); United States v. Sharkey, 543 F.3d 1236, 1239 (10th Cir.2008)); see also United States v. Leasure, 331 Fed.
cited Cited as authority (rule) United States v. Ruben Hughes
7th Cir. · 2010 · confidence medium
See United States v. Davis, 587 F.3d 1300, 1304 (11th Cir. 2009); United States v. Woods, 581 F.3d 531 , 538‐39 (7th Cir. 2009); United States v. Forman, 553 F.3d 585, 590 (7th Cir. 2009).
cited Cited as authority (rule) United States v. Hughes
7th Cir. · 2010 · confidence medium
See United States v. Davis, 587 F.3d 1300, 1304 (11th Cir.2009); United States v. Woods, 581 F.3d 531, 538-39 (7th Cir.2009); United States v. Forman, 553 F.3d 585, 590 (7th Cir.2009).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Gregory FORMAN, Defendant-Appellant; United States of America, Plaintiff-Appellee, v. Marvin Childress, Defendant-Appellant; United States of America, Plaintiff-Appellee, v. Troy Fuller, Defendant-Appellant; United States of America, Plaintiff-Appellee, v. Robert Gaines, Defendant-Appellant; United States of America, Plaintiff-Appellee, v. Marco D. McKnight, Defendant-Appellant
08-2177, 08-2192, 08-2248, 08-2629, 08-3063.
Court of Appeals for the Seventh Circuit.
Jan 22, 2009.
553 F.3d 585
Richard Cox (submitted), Office of the United States Attorney, Urbana, IL, for Plaintiff-Appellee., Gregory Forman, Memphis, TN, pro se., Troy Fuller, Lisbon, OH, pro se., Joshua P. Kolar (submitted), Office of the United States Attorney, Hammond, IN, for Plaintiff-Appellee., Marvin Childress, Terre Haute, In, pro se., Morris Pasqual (submitted), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee., Robert Gaines, Marion, IL, pro se., Joseph H. Hartzler (submitted), Office of the United States Attorney, Springfield, IL, for Plaintiff-Appellee., Marco D. McKnight, Oxford, WI, pro se.
Posner, Rovner, Williams.
Cited by 182 opinions  |  Published
Pinpoint authority: bottom 51%
PER CURIAM.

Late last year the Sentencing Commission reduced the base-offense levels for crack-cocaine offenses and made the changes retroactive. See U.S.S.G. § 2D1.1(c); U.S.S.G., Supp. to App. C 226-31 (2008) (Amendment 706). Since then scores of convicted crack offenders have returned to the district courts to request sentence reductions under 18 U.S.C. § 3582(c)(2). But not everyone is eligible; we have consolidated for decision five appeals, each from a denial of a motion under[*588] § 3582(c)(2), that illustrate several common barriers to sentence modification.

Section 3582(c)(2) permits a court to reduce the term of imprisonment if the defendant’s sentencing range “has subsequently been lowered by the Sentencing Commission” and “such a reduction is consistent with applicable policy statements issued by the Sentencing Commission.” If that first condition is not met, a district court lacks subject-matter jurisdiction to consider the movant’s request for a sentence reduction under § 3582(c)(2). United States v. Poole, 550 F.3d 676, 678-80 (7th Cir.2008); United States v. Lawrence, 535 F.3d 631, 637-38 (7th Cir.2008). As for the second condition, Application Note 1(A) of U.S.S.G. § 1B1.10 provides that a reduction is inconsistent with that policy statement if “the amendment does not have the effect of lowering the defendant’s applicable guideline range because of the operation of another guideline or statutory provision (e.g., a statutory mandatory minimum term of imprisonment).”

The operation of a statutory provision is what foils Troy Fuller’s appeal. In September 2003 he pleaded guilty to possession with intent to distribute crack, see 21 U.S.C. § 841(a)(1), and conspiracy to commit money laundering, see 18 U.S.C. § 1956. The guidelines sentencing range was 324 to 405 months, but the government moved for a shorter sentence in light of Fuller’s substantial assistance. See U.S.S.G. § 5K1.1. The district court granted the motion and imposed a sentence of 120 months—the statutory minimum. 21 U.S.C. § 841(b)(1)(A)(iii). Five years later Fuller asked the district court to reduce his sentence further under § 3582(c)(2). The court denied his request because Amendment 706 did not reduce Fuller’s applicable guidelines range; he had already received the lowest sentence possible.

Fuller appeals, insisting that he is entitled to a sentence reduction below the statutory minimum on the basis of his previous cooperation with the government. He is mistaken. Nothing in § 3582(c)(2) permits a court to reduce a sentence below the mandatory minimum. See Kimbrough v. United States, — U.S.—, 128 S.Ct. 558, 574, 169 L.Ed.2d 481 (2007) (“[A]s to crack cocaine sentences in particular, we note [that] district courts are constrained by the mandatory mínimums Congress prescribed in the 1986 Act.”); Poole, 550 F.3d at *678-80; United States v. Green, 532 F.3d 538, 546 n. 8 (6th Cir.2008); United States v. Black, 523 F.3d 892, 892-93 (8th Cir.2008). Indeed, apart from two exceptions that do not come into play here—18 U.S.C. § 3553(e) and (f)—a district court can never impose a sentence below the statutory minimum. See United States v. Simpson, 337 F.3d 905, 909 (7th Cir.2003).

Marco McKnight faces a different obstacle: he already served his original sentence in full. In 2002 McKnight pleaded guilty to possession with intent to distribute crack, see 21 U.S.C. § 841(a)(1), for which he received a sentence of 60 months. He served the sentence and was released, but the court revoked his supervised release in 2006 when he failed a series of drug tests. For those fresh violations, the court ordered 60 months’ reimprisonment. Then came Amendment 706, and McKnight urged the court to reduce his sentence on the ground that his reimprisonment term is “simply part of the whole matrix of punishment” for his original crack offense. The court disagreed, noting that “the crack cocaine amendment ... has no direct effect upon the supervised release revocation sentence which he is now serving.” What is more, the court continued, “[t]he Sentencing Commission has also clearly stated that only defen[*589] dants imprisoned as a result of an ‘original’ sentence qualify for a § 3582(c)(2) sentence reduction.” See U.S.S.G. § 1B1.10, cmt. n. 4(A).

On appeal McKnight renews his contention that his reimprisonment term is an extension of his original sentence and that therefore he is entitled to a sentence reduction after Amendment 706. He reasons that his initial term of supervised release (eight years) was imposed at the same time as his original prison sentence, the revocation of that release — and the attendant reimprisonment term — are all one and the same for the purposes of 3582(c)(2). Not so. As the district court recognized, Application Note 4(A) to U.S.S.G. § 1B1.10 anticipates — and forecloses — that argument: “This section does not authorize a reduction in the term of imprisonment imposed upon revocation of supervised release.”

McKnight relies on United States v. Etherton, 101 F.3d 80, 81 (9th Cir.1996), which held that § 3582(c)(2) permitted a district court to reduce a reimprisonment term based solely on a retroactive change in the guidelines that lowered the base offense level for the underlying offense. But Etherton sought to answer a question left open by the guidelines in effect at the time. One year later, in 1997, the Sentencing Commission filled the gap with Application Note 4(A), and no court has relied on Etherton since.

We turn to Gregory Forman, who in 2002 pleaded guilty to possession with intent to distribute crack. See 21 U.S.C. § 841(a)(1). Given the amount of crack attributed to him, his base offense level would have been 28. See U.S.S.G. § 2D1.1(c) (2002). But Forman was also a career offender, a classification that increased his base offense level to 34 and placed him in criminal history category VI. See id. § 4B1.1. That combination produced a guidelines range of 262 to 327 months, and the court imposed 262 months’ imprisonment.

In 2008 Forman asked the district court to reduce his sentence pursuant to § 3582(c)(2) in light of Amendment 706. The court appointed a federal defender to represent him. Counsel moved to withdraw after concluding that the amendment did not lower Forman’s applicable guidelines range, which, according to counsel, was driven entirely by Forman’s career-offender status. The court granted the motion to withdraw but nevertheless invited Forman to explain, pro se, how Amendment 706 benefits him. Forman responded and moved the court to appoint him another attorney. A week later the court denied both of Forman’s motions, writing that “this court agrees with Defendant’s counsel that, because Defendant was sentenced upon the applicable career offender guideline range rather than the crack cocaine guideline range, he cannot receive a reduction in his sentence based upon the retroactive amendment to the sentencing guideline range regarding crack cocaine sentencing.”

Forman challenges the denial of his § 3582(c)(2) motion and the denial of his motion to (again) appoint counsel. He cannot prevail in his pursuit of a lesser sentence because Amendment 706 provides no benefit to career offenders. See United States v. Liddell, 543 F.3d 877, 882 n. 3 (7th Cir.2008); United States v. Sharkey, 543 F.3d 1236, 1239 (10th Cir.2008); United States v. Moore, 541 F.3d 1323, 1327-28 (11th Cir.2008); United States v. Thomas, 524 F.3d 889, 890 (8th Cir.2008); see also Harris, 536 F.3d at 813 (“[A] sentence entered under the career offender guideline, § 4B1.1, raises no Kimbrough problem because to the extent it treats crack cocaine differently from powder cocaine, the disparity arises from a statute, not[*590] from the advisory guidelines.”)- Forman’s guidelines range was 262 to 327 months before Amendment 706, and it remains so. Here, “the amendment does not have the effect of lowering the defendant’s applicable guideline range because of the operation of another guideline”—namely the career-offender provision. U.S.S.G. § 1B1.10, cmt. n. 1(A).

As for the denial of Forman’s motion to appoint additional counsel, there is no right to counsel when bringing a motion under § 3582(c)(2). See, e.g., United States v. Tidwell, 178 F.3d 946, 949 (7th Cir.1999), cert. denied, 528 U.S. 1023, 120 S.Ct. 535, 145 L.Ed.2d 415 (1999); see also United States v. Legree, 205 F.3d 724, 730 (4th Cir.2000); United States v. Townsend, 98 F.3d 510, 512-13 (9th Cir.1996); United States v. Whitebird, 55 F.3d 1007, 1011 (5th Cir.1995); United States v. Reddick, 53 F.3d 462, 463-65 (2d Cir.1995).

We turn to Marvin Childress, who in 2002 pleaded guilty to distributing crack and was sentenced to 135 months. See 21 U.S.C. § 841(a)(1). The district court denied Childress’s § 3582(c)(2) motion; Childress had been held accountable for at least 4.5 kilograms of crack cocaine at sentencing and therefore Amendment 706 would not affect his sentence.

On appeal Childress challenges the court’s drug-quantity finding. He points to his plea agreement, which states that he was accountable only “for distributing more than 1.5 kilograms of cocaine base.” But the court, on the basis of the calculations in the presentence investigation report, found that Childress was accountable for “at least 17.1 kilograms of crack cocaine.” As he was advised at his plea colloquy, the drug quantity stated in the plea agreement did not bind the court. See U.S.S.G. § 6B1.4(d) (parties can stipulate to facts as part of plea agreement, but court is not obligated to accept stipulation); see also United States v. Williams, 198 F.3d 988, 994 (7th Cir.1999). Moreover, he could not benefit from Amendment 706 because that amendment affects only defendants who are responsible for distributing fewer than 4.5 kilograms of crack cocaine. See U.S.S.G. § 2D1.1(c)(1). Because the sentencing court found him responsible for 4.5 kilograms or more, Childress’s base offense level remains 38 under the current version of § 2D 1.1 (c)(1) and a sentence reduction is not authorized. See id. § 1B1.10(a)(2)(B).

Finally we have Robert Gaines, who is serving a 360-month prison sentence for dealing crack cocaine. See 21 U.S.C. §§ 846, 841(a)(1). After the district court denied his § 3582(c)(2) motion, which was based on Amendment 706, Gaines moved to reduce his sentence on the basis of an entirely different 1994 amendment, which had reduced the base offense level for drug crimes involving 1.5 or more kilograms of crack. See U.S.S.G. app. C vol. I, Amend. 505. The government recommended that Gaines receive the benefit of Amendment 505, which would reduce the low end of his imprisonment range from 360 to 262 months, but the district court, in a one-sentence order, responded that “Gaines’ motion for sentencing reduction and full re-sentencing hearing is denied.”

The district court’s order does not comply with Circuit Rule 50, which requires that whenever a district court resolves a claim on the merits or terminates the litigation in its court, “the judge shall give his or her reasons, either orally on the record or by written statement.” Noncompliance with this rule does not always prevent us from reviewing a district court’s decision; the court’s reasoning may be apparent from the record. E.g., Ross Bros. Constr. Co., Inc. v. Int’l Steel Servs., Inc., 283 F.3d 867, 872 (7th Cir.2002). But this is not[*591] such a case. In fact the United States has confessed error and suggested that the district court may not have evaluated Gaines’s motion. We cannot determine this, and so the appropriate remedy for the violation of Rule 50 is a limited remand, directing the district court to explain the reasons for its decision. W. States Ins. Co. v. Wis. Wholesale Tire, Inc., 148 F.3d 756, 759-60 (7th Cir.1998).

Accordingly, we issue a Limited Remand in Gaines’s case, but we AFFIRM the judgments in Fuller, McKnight, Forman, and Childress.