United States v. Thomas Dewayne White, 305 F.3d 1264 (11th Cir. 2002). · Go Syfert
United States v. Thomas Dewayne White, 305 F.3d 1264 (11th Cir. 2002). Cases Citing This Book View Copy Cite
181 citation events (181 in the last 25 years) across 7 distinct courts.
Strongest positive: United States v. Magdonio Guaitoto Londono (ca11, 2020-08-27)
Treatment trajectory · 2003 → 2026 · click a year to view as-of
2003 2014 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. Magdonio Guaitoto Londono
11th Cir. · 2020 · confidence medium
In a section 3582(c)(2) proceeding, “we review de novo the district court’s legal conclusions regarding the scope of its authority under the Sentencing Guidelines.” United States v. White, 305 F.3d 1264, 1267 (11th Cir. 2002).
cited Cited as authority (rule) United States v. James Keith Johnson
11th Cir. · 2020 · confidence medium
United States v. White, 305 F. 3d 1264, 1267 (11th Cir. 2002).
discussed Cited as authority (rule) Hodges v. United States
S.D. Ga. · 2019 · confidence medium
If Hodges does not show his sentence violates Amendment 599, his attorney could not possibly have rendered ineffective assistance in failing to raise any argument relating to this Amendment. 7 The Sentencing Guidelines call for a four-level increase in criminal history points if the defendant “used or possessed any firearm . . . in connection with another felony offense[.]” U.S.S.G. § 2K2.1(b)(6)(B). 8 As amended by Amendment 599, Application Note 2 states: If a sentence under this guideline [i.e., 18 U.S.C. § 924 (c)] is imposed in conjunction with a sentence for an underlying offense, …
discussed Cited as authority (rule) United States v. Jsoe Romeu (2×) also: Cited "see"
11th Cir. · 2019 · confidence medium
United States v. White, 305 F.3d 1264, 1267 (11th Cir. 2002) (per curiam).
cited Cited as authority (rule) United States v. Stanley Bolden
11th Cir. · 2016 · confidence medium
United States v. White, 305 F.3d 1264, 1267 (11th Cir.2002).
discussed Cited as authority (rule) United States v. Michael Paul Maiello, Jr.
11th Cir. · 2015 · confidence medium
United States v. Colon, 707 F.3d 1255, 1258 (11th Cir.2013) (citing United States v. James, 548 F.3d 983, 984 (11th Cir.2008) (per B curiam)); United States v. Moore, 541 F.3d 1323, 1326 (11th Cir.2008) (citing United States v. White, 305 F.3d 1264, 1267 (11th Cir.2002) (per curiam)).
cited Cited as authority (rule) United States v. Niyonu Spaulding
11th Cir. · 2014 · confidence medium
United States v. White, 305 F.3d 1264, 1267 (11th Cir.2002) (per curiam).
cited Cited as authority (rule) United States v. Darrell Green
11th Cir. · 2014 · confidence medium
United States v. White, 305 F.3d 1264, 1267 (11th Cir.2002).
cited Cited as authority (rule) United States v. Darrell Green
11th Cir. · 2014 · confidence medium
United States v. White, 305 F.3d 1264, 1267 (11th Cir. 2002).
cited Cited as authority (rule) United States v. Simeon A. Huntley, III
11th Cir. · 2014 · confidence medium
United States v. White, 305 F.3d 1264, 1267 (11th Cir.2002).
discussed Cited as authority (rule) United States v. Levonia Ridley
11th Cir. · 2014 · confidence medium
“We review a district court’s decision whether to reduce a sentence pursuant to § 3582(c)(2) for abuse of discretion.” United States v. White, 305 F.3d 1264, 1267 (11th Cir.2002). “[W]e review de novo the district court’s legal conclusions regarding the scope of its authority under [§ 3582(c)(2) ].” Id.
cited Cited as authority (rule) United States v. Kevin Stewart
11th Cir. · 2013 · confidence medium
United States v. White, 305 F.3d 1264, 1267 (11th Cir.2002).
discussed Cited as authority (rule) United States v. Wayne Parker
11th Cir. · 2013 · confidence medium
“In a proceeding to modify a sentence under 18 U.S.C. § 3582 (c)(2), we review de novo the district court’s legal conclusions regarding the scope of its authority under the Sentencing Guidelines.” United States v. White, 305 F.3d 1264, 1267 (11th Cir. 2002) (per curiam).
discussed Cited as authority (rule) United States v. Reuben Thaddeus Coffie
11th Cir. · 2013 · confidence medium
On appeal, Coffie argues Case: 12-13693 Date Filed: 06/13/2013 Page: 2 of 5 that the district court erred in denying his § 3582(c)(2) motion because, after the Supreme Court’s decision in Freeman v. United States, ___ U.S. ___, 131 S. Ct. 2685 (2011), a career offender who received a departure and was sentenced below the guideline range for career offenders is eligible for a § 3582(c)(2) sentence reduction under Amendment 750 to the Sentencing Guidelines. “[W]e review de novo the district court’s legal conclusions regarding the scope of its authority under the Sentencing Guidelines.”…
discussed Cited as authority (rule) United States v. Reuben Thaddeus Coffie
11th Cir. · 2013 · confidence medium
On appeal, Coffie argues that the district court erred in denying his § 3582(c)(2) motion because, after the Supreme Court’s decision in Freeman v. United States, — U.S. -, 131 S.Ct. 2685 , 180 L.Ed.2d 519 (2011), a career offender who received a departure and was sentenced below the guideline range for career offenders is eligible for a § 3582(c)(2) sentence reduction under Amendment 750 to the Sentencing Guidelines. “[W]e review de novo the district court’s legal conclusions regarding the scope of its authority under the Sentencing Guidelines.” United States v. White, 305 F.3d 12…
cited Cited as authority (rule) United States v. Jimmy Anfield
11th Cir. · 2013 · confidence medium
United States v. White, 305 F.3d 1264, 1267 (11th Cir.2002).
cited Cited as authority (rule) United States v. Kenneth Dewayne Smith
11th Cir. · 2013 · confidence medium
United States v. White, 305 F.3d 1264, 1267 (11th Cir.2002).
cited Cited as authority (rule) United States v. Wilner Val Saint
11th Cir. · 2013 · confidence medium
United States v. White, 305 F.3d 1264, 1267 (11th Cir.2002).
cited Cited as authority (rule) United States v. Todd Jackson, Jr.
11th Cir. · 2013 · confidence medium
United States v. White, 305 F.3d 1264, 1267 (11th Cir.2002).
discussed Cited as authority (rule) United States v. Craig Frazier
11th Cir. · 2012 · confidence medium
“We review a district court’s decision whether to reduce a sentence pursuant to 18 U.S.C. § 3582 (c)(2) for abuse of discretion.” United States v. White, 305 F.3d 1264, 1267 (11th Cir.2002) (per curiam).
discussed Cited as authority (rule) United States v. Jason David Sherman
11th Cir. · 2012 · confidence medium
“We review de novo the district court’s legal conclusions regarding the scope of its authority under the Sentencing Guidelines.” United States v. White, 305 F.3d 1264, 1267 (11th Cir.2002) (per curiam).
discussed Cited as authority (rule) United States v. Gregory J. Hall
11th Cir. · 2012 · confidence medium
Nevertheless, “[i]n a § 3582(c)(2) proceeding, ‘we review de novo the district court’s legal conclusions regarding the scope of its authority under the Sentencing Guidelines.’ ” United States v. Moore, 541 F.3d 1323, 1326 (11th Cir.2008) (quoting United States v. White, 305 F.3d 1264, 1267 (11th Cir.2002)).
discussed Cited as authority (rule) United States v. Chauncey Taylor
11th Cir. · 2012 · confidence medium
Taylor urges retroactive application of the FSA. “[W]e review de novo the district court’s legal conclusions regarding the scope of its authority under the Sentencing Guidelines.” United States v. Moore, 541 F.3d 1323, 1326 (11th Cir.2008) (quoting United States v. White, 305 F.3d 1264, 1267 (11th Cir.2002)) (per curiam).
cited Cited as authority (rule) United States v. Trevin Nunnally
11th Cir. · 2012 · confidence medium
We review “de novo the district court’s legal conclusions regarding the scope of its authority under the Sentencing Guidelines.” United States v. White, 305 F.3d 1264, 1267 (11th Cir.2002).
cited Cited as authority (rule) United States v. Julius Stevens
11th Cir. · 2012 · confidence medium
United States v. White, 305 F.3d 1264, 1267 (11th Cir.2002) (per curiam).
cited Cited as authority (rule) United States v. Tigner
11th Cir. · 2011 · confidence medium
United States v. White, 305 F.3d 1264, 1267 (11th Cir.2002).
cited Cited as authority (rule) United States v. Lawson
11th Cir. · 2010 · confidence medium
United States v. White, 305 F.3d 1264, 1267 (11th Cir.2002).
discussed Cited as authority (rule) United States v. Edward Taylor
11th Cir. · 2010 · confidence medium
In the § 3582(c)(2) context,"we review de novo the district court's legal conclusions regarding the scope of its authority under the Sentencing Guidelines." United States v. White, 305 F.3d 1264, 1267 (11th Cir. 2002).
cited Cited as authority (rule) United States v. Granville Paul Bogle
11th Cir. · 2010 · confidence medium
United States v. White, 305 F.3d 1264, 1267 (11th Cir.2002).
discussed Cited as authority (rule) United States v. Chedrick Crummie
11th Cir. · 2010 · confidence medium
"In a proceeding to modify a sentence under 18 U.S.C. § 3582 (c)(2), we review de novo the district court’s legal conclusions regarding the scope of its authority under the Sentencing Guidelines.” United States v. White, 305 F.3d 1264, 1267 (11th Cir.2002).
cited Cited as authority (rule) United States v. Juan Gaspar Cortina
11th Cir. · 2009 · confidence medium
“We review a district court’s decision whether to reduce a sentence pursuant to § 3582(c)(2) for abuse of discretion.” United States v. White, 305 F.3d 1264, 1267 (11th Cir.2002).
cited Cited as authority (rule) United States v. Carlos Deglace
11th Cir. · 2009 · confidence medium
United States v. White, 305 F.3d 1264, 1267 (11th Cir.2002).
cited Cited as authority (rule) United States v. Eric Darnel Taylor
11th Cir. · 2009 · confidence medium
“We review a district court’s decision whether to reduce a sentence pursuant to [18 U.S.C.] § 3582(c)(2) for abuse of discretion.” United States v. White, 305 F.3d 1264, 1267 (11th Cir.2002).
cited Cited as authority (rule) United States v. Pierre J. Cannon
11th Cir. · 2009 · confidence medium
United States v. White, 305 F.3d 1264, 1267 (11th Cir.2002).
discussed Cited as authority (rule) United States v. Charles Reynaldo Cameron
11th Cir. · 2009 · confidence medium
“In a proceeding to modify a sentence under 18 U.S.C. § 3582 (c)(2), we review de uovo the district court’s legal conclusions regarding the scope of its authority under the Sentencing Guidelines.” United States v. White, 305 F.3d 1264, 1267 (11th Cir.2002).
discussed Cited as authority (rule) United States v. George Travis Williams
11th Cir. · 2009 · confidence medium
DISCUSSION “In a proceeding to modify a sentence under 18 U.S.C. § 3582 (c)(2), we review de novo the district court’s legal conclusions regarding the scope of its authority under the Sentencing Guidelines.” United States v. White, 305 F.3d 1264, 1267 (11th Cir. 2002) (per curiam).
discussed Cited as authority (rule) United States v. Steffany Frazier
11th Cir. · 2009 · confidence medium
In a § 3582(c)(2) proceeding, “we review de novo the district court’s legal conclusions regarding the scope of its authority under the Sentencing Guidelines.” United States v. White, 305 F.3d 1264, 1267 (11th Cir.2002).
cited Cited as authority (rule) United States v. Samuel Hill
11th Cir. · 2009 · confidence medium
United States v. White, 305 F.3d 1264, 1267 (11th Cir.2002).
discussed Cited as authority (rule) United States v. Johnny James Hall
11th Cir. · 2009 · confidence medium
However, “we review de novo the district court’s legal conclusions regarding the scope of its authority under the Sentencing Guidelines.” United States v. White, 305 F.3d 1264, 1267 (11th Cir.2002) (per curiam) (citation omitted).
discussed Cited as authority (rule) United States v. Marion Pitts
11th Cir. · 2009 · confidence medium
In a § 3582(c)(2) proceeding, “we review de novo the district court’s legal conclusions regarding the scope of its authority under the Sentencing Guidelines.” United States v. White, 305 F.3d 1264, 1267 (11th Cir.2002).
discussed Cited as authority (rule) United States v. William Albert Lewis
11th Cir. · 2009 · confidence medium
“In a proceeding to modify a sentence under 18 U.S.C. § 3582 (c)(2), we review de novo the district court’s legal conclusions regarding the scope of its authority under the Sentencing Guidelines.” United States v. White, 305 F.3d 1264, 1267 (11th Cir.2002).
cited Cited as authority (rule) United States v. Douglas
11th Cir. · 2009 · confidence medium
United States v. White, 305 F.3d 1264, 1267 (11th Cir.2002).
discussed Cited as authority (rule) United States v. Thomas Sylvester Hayman
11th Cir. · 2009 · confidence medium
STANDARDS OF REVIEW “In a proceeding to modify a sentence under 18 U.S.C. § 3582 (c)(2), we review de novo the district court’s legal conclusions regarding the scope of its authority under the Sentencing Guidelines.” United States v. White, 305 F.3d 1264, 1267 (11th Cir. 2002) (citing United States v. Pelaez, 196 F.3d 1203, 1205 (11th Cir.1999)).
discussed Cited as authority (rule) United States v. Kendrick T. Morgan
11th Cir. · 2009 · confidence medium
“In a proceeding to modify a sentence under 18 U.S.C. § 3582 (c)(2), we review de novo the district court’s legal conclusions regarding the scope of its authority under the Sentencing Guidelines.” United States v. White, 305 F.3d 1264, 1267 (11th Cir. 2002).
discussed Cited as authority (rule) United States v. Johnny Ray Kirkland
11th Cir. · 2009 · confidence medium
In a § 3582(c)(2) proceeding, “we review de novo the district court’s legal conclusions regarding the scope of its authority under the Sentencing Guidelines.” United States v. White, 305 F.3d 1264, 1267 (11th Cir.2002).
discussed Cited as authority (rule) United States v. Antonio Perry
11th Cir. · 2009 · confidence medium
“In a proceeding to modify a sentence under 18 U.S.C. § 3582 (c)(2), we review de novo the district court’s legal conclusions regarding the scope of its authority under the Sentencing Guidelines.” United States v. White, 305 F.3d 1264, 1267 (11th Cir.2002) (per curiam) (citation omitted).
discussed Cited as authority (rule) United States v. Jose Antonio Ramirez-Castillo
11th Cir. · 2009 · confidence medium
However, in the § 3582(c)(2) context, “we review de novo the district court’s legal conclusions regarding the scope of its authority under the Sentencing Guidelines.” United States v. White, 305 F.3d 1264, 1267 (11th Cir.2002) (per curiam).
discussed Cited as authority (rule) United States v. Ulisses Guardiola (2×) also: Cited "see"
11th Cir. · 2009 · confidence medium
In a § 3582(c)(2) proceeding, “we review de novo the district court’s legal conclusions regarding the scope of its authority under the Sentencing Guidelines.” United States v. White, 305 F.3d 1264, 1267 (11th Cir.2002) (per curiam).
discussed Cited as authority (rule) United States v. Gary Lamar Gaskins
11th Cir. · 2009 · confidence medium
In a § 3582(c)(2) proceeding, “we review de novo the district court’s legal conclusions regarding the scope of its authority under the Sentencing Guidelines.” United States v. White, 305 F.3d 1264, 1267 (11th Cir.2002) Under § 3582(c)(2), a district court may modify a defendant’s term of imprisonment where he “has been sentenced to a term of imprisonment based on a sentencing range that has subsequently been lowered by the Sentencing Commission....” 18 U.S.C. § 3582 (c)(2).
discussed Cited as authority (rule) United States v. Ninous Isom, Jr.
11th Cir. · 2009 · confidence medium
However, in the § 3582(c)(2) context, “we review de novo the district court’s legal conclusions regarding the scope of its authority under the 1 Although Isom contends that the district court erred by failing to sentence him at the low end of his Guideline range, the court sentenced him to 360 months’ imprisonment, which is the lowest term pursuant to his amended Guideline range. 2 United States v. Booker, 543 U.S. 220 , 125 S. Ct. 738 (2005). 2 Sentencing Guidelines.” United States v. White, 305 F.3d 1264, 1267 (11th Cir. 2002).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Thomas Dwayne WHITE, Defendant-Appellant
01-11773.
Court of Appeals for the Eleventh Circuit.
Sep 19, 2002.
305 F.3d 1264
Rochelle A. Reback, Tampa, FL, for De-fendanh-Appellant., Pamela A. Moine, Asst. U.S. Atty., Pensacola, FL, Karen E. Rhew, Dept, of Justice, Tallahassee, FL, for Plaintiff-Appel-lee.
Birch, Black, Per Curiam, Propst.
Cited by 154 opinions  |  Published
PER CURIAM:

Appellant Thomas Dwayne "White, a federal prisoner, appeals the district court’s denial of his motion, pursuant to 18 U.S.C. § 3582(c)(2), to apply Amendment 599 of the United States Sentencing Guidelines to reduce his sentence. Appellant was originally sentenced to 200 months’ imprisonment for armed assault and attempted robbery of a United States Postal Service worker, in violation of 18 U.S.C. § 2114, and 60 months’ imprisonment for use of a firearm during a crime of violence, in violation of 18 U.S.C. § 924(c), to run consecutively.

I. BACKGROUND

In October 1992, Appellant was convicted of two counts related to his attempted robbery of a postal employee. At sentencing, the district court applied the 1992 version of the Sentencing Guidelines.[*1266] Pursuant to U.S.S.G. § 2B3.1(a), the district court assigned Appellant a base offense level of 20 for the underlying robbery offense. The court then increased his offense level based on a variety of specific offense characteristics, including a seven-level enhancement because a firearm was discharged, pursuant to U.S.S.G. § 2B3.1(b)(2)(A). The court ultimately reached a final adjusted offense level of 35, which combined with Appellant’s criminal history category of III to yield a guideline range of 210 to 262 months’ imprisonment for Count One. Ordinarily, application note two of § 2K2.4 would have prevented a sentencing court from imposing a weapon enhancement in cases, like Appellant’s, where the defendant was also convicted of a § 924(c) offense. Appellant’s case, however, fell within the proviso to application note two. That proviso responded to the relatively rare cases in which the failure to impose a weapon enhancement resulted in a lower aggregate sentence for both the underlying offense and the § 924(c) offense than the sentence that would have been imposed for only the underlying offense with the weapon enhancement. In such instances, the proviso directed the sentencing court to impose the weapon enhancement but subtract 60 months from the guideline range for the underlying offense to reflect the 60-month mandatory sentence for the § 924(c) offense, thereby avoiding double-counting the same offense conduct for sentencing purposes. See U.S.S.G. § 2K2.4, comment, (n.2) (Nov. 1992). Because the proviso’s subtraction procedure applied to Appellant, his final adjusted guideline sentencing range was 150 to 202 months’ imprisonment. The district court sentenced Appellant to 200 months’ imprisonment for Count One, to be followed by a consecutive 60-month prison term for Count Two.

Appellant filed a direct criminal appeal in this Court. In March 1994, this Court affirmed his conviction and sentence in an unpublished opinion. United States v. White, No. 93-2030, 19 F.3d 1446 (11th Cir. March 22, 1994) (per curiam).

Amendment 489 to the Sentencing Guidelines, which became effective after Appellant was sentenced, altered application note two of U.S.S.G. § 2K2.4. It abolished the subtraction procedure used in those cases, like Appellant’s, where convictions for both an underlying offense and a § 924(c) offense produced a lower aggregate sentence than for the underlying offense alone. In place of the subtraction procedure, Amendment 489 forbids sentencing courts from imposing any weapons enhancement and instead invites courts to impose an upward departure, thereby avoiding any double-counting while still reaching an appropriate sentence. The Sentencing Commission did not render Amendment 489 retroactive. U.S.S.G. § 1B1.10.

On November 1, 2000, Amendment 599 of the Sentencing Guidelines became effective, further altering application note two of U.S.S.G. § 2K2.4. Amendment 599 sought to clarify the cases in which a defendant sentenced for a violation of 18 U.S.C. § 924(c) in conjunction with convictions for other underlying offenses may nonetheless receive weapon enhancements under the guidelines for those underlying offenses. The first sentence of the amended commentary, though slightly altered, repeats the long-standing prohibition against duplicative punishment for the same offense conduct: “If a sentence under this guideline is imposed in conjunction with a sentence for an underlying offense, do not apply any specific offense characteristic for possession, brandishing, use, or discharge of an explosive or firearm when determining the sentence for the underlying offense.” U.S.S.G. § 2K2.4, comment, (n. 2). Amendment 599 has retroactive effect pursuant to U.S.S.G. § 1B1.10, allowing a defendant to[*1267] rely on that amendment to seek relief under 18 U.S.C. § 3582(c)(2).

Appellant filed a pro se § 3582(c)(2) motion on January 17, 2001. He claimed Amendment 599 directs that no weapon enhancement be applied when determining a sentence for an underlying robbery offense when a defendant is also convicted of a separate firearms charge under § 924(c). According to Appellant, Amendment 599 should remove his seven-level enhancement for discharge of a firearm and enable him to argue to the sentencing court that no upward departure should be imposed under the current commentary to U.S.S.G. § 2K2.4. The district court denied Appellant’s motion, and this appeal followed. After this case was set for oral argument, the Court appointed counsel to represent Appellant, and counsel for both parties filed supplemental briefs.

II. DISCUSSION

In a proceeding to modify a sentence under 18 U.S.C. § 3582(c)(2), we review de novo the district court’s legal conclusions regarding the scope of its authority under the Sentencing Guidelines. United States v. Pelaez, 196 F.3d 1203, 1205 (11th Cir.1999). We review a district court’s decision whether to reduce a sentence pursuant to § 3582(c)(2) for abuse of discretion. United States v. Vautier, 144 F.3d 756, 759 n. 3 (11th Cir.1998).

Appellant argues the district court erred by denying his § 3582(c)(2) motion. He contends Amendment 599 forbids the seven-level enhancement for the discharge of a firearm when a defendant is charged with both (1) an underlying robbery offense and (2) a § 924(c) offense arising out of the same offense conduct.

The district court did not err in denying Appellant’s § 3582(c)(2) motion because Amendment 599 did not materially change the relevant language of § 2K2.4’s application note two. Appellant relies upon the first sentence of Amendment 599, but that sentence merely reiterates the rule against double-counting offense conduct for sentencing purposes. United States v. Diaz, 248 F.3d 1065, 1106-07 (11th Cir.2001) (noting that “[t]he first sentence of the new application note reinforces what courts have always known,” i.e., double-counting is not permissible). In fact, the first sentence of Amendment 599 does not differ significantly from the corresponding portion of the 1992 version of the Guidelines, which stated, “[w]here a sentence under this section is imposed in conjunction with a sentence for an underlying offense, any specific offense characteristic for the possession, use, or discharge of a firearm {e.g. § 2B3.1(b)(2)(A)-(F) (Robbery)), is not to be applied in respect to the guideline for the underlying offense.” U.S.S.G. § 2K2.4, comment, (n. 2) (Nov. 1992). Amendment 599 changed the language of the application note from passive to active voice, but it did not make any substantive change that would affect Appellant’s sentence.

Appellant argues alternatively that Amendment 599 must be read in conjunction with Amendment 489, and that under the combined amendments, he is entitled to relief. Whatever effect Amendment 489’s substitution of an upward departure for the subtraction procedure might have on Appellant’s sentence, Amendment 489 has not been made retroactive. U.S.S.G. § 1131.10(c). Appellant cannot clothe an argument based upon Amendment 489 in the garb of Amendment 599 in order to take advantage of Amendment 599’s retro-activity. 18 U.S.C. § 3582(c)(2); U.S.S.G. § 1B1.10.

AFFIRMED.