United States v. Troy Burton, 327 F. App'x 666 (7th Cir. 2009). · Go Syfert
Search
United States v. Troy Burton, 327 F. App'x 666 (7th Cir. 2009). Cases Citing This Book View Copy Cite
1 citation event across 1 distinct court.
How cited ↗
Cited for

No citing cases on record.

Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Troy S. BURTON, Defendant-Appellant
08-3300.
Docket on CourtListener (RECAP)
Court of Appeals for the Seventh Circuit.
Jun 29, 2009.
Unpublished opinion
327 F. App'x 666
Michelle L. Jacobs, Attorney, Office of The United States Attorney, Milwaukee, WI, for Plaintiff-Appellee., Troy S. Burton, Oxford, WI, pro se., Before RICHARD D. CUDAHY, Circuit Judge, RICHARD A. POSNER, Circuit Judge, TERENCE T. EVANS, Circuit Judge.
Per Curiam.
Cited by 1 opinion  |  Unpublished  |  prisoner

ORDER

Troy Burton was sentenced as an Armed Career Criminal and is serving 180 months in prison, the statutory minimum, for possessing a firearm as a felon. See 18 U.S.C. §§ 922(g)(1), 924(e)(1). Burton moved to have his sentence reduced pursuant to 18 U.S.C. § 3582(c)(2) because, he says, Amendment 709 to the sentencing[*667] guidelines entitles him to a lower sentence. See U.S.S.G. § 4A1.2(a)(2), Supp. to App. C 235 (2008) (Amendment 709). The district court denied the motion.

Amendment 709 was not made retroactive by the Sentencing Commission and is not a ground for reduction under § 3582(c)(2). United States v. Alexander, 553 F.3d 591, 593 (7th Cir.2009). More importantly, Amendment 709, which altered the rules for calculating criminal history under the Sentencing Guidelines, has no relevance to the determination whether a defendant qualifies as an Armed Career

Criminal. See U.S.S.G. § 4B1.4 cmt. no. 1; United States v. Hobbs, 136 F.3d 384, 388 (4th Cir.1998); United States v. Wright, 48 F.3d 254, 255-56 (7th Cir.1995). Even if the amendment had been made retroactive, it could not have benefited Burton.

AFFIRMED.