United States v. Wendell Crawford

323 F. App'x 722

• Court: Court of Appeals for the Eleventh Circuit
• Decided: March 31, 2009
• Docket: 08-12070
• Status: Unpublished

Opinion

PER CURIAM:

This appeal results from Wendell Crawford’s second motion for a sentence reduction under 18 U.S.C. § 3582(c)(2). We rejected Crawford’s first motion on the grounds that Amendment 591 to the United States Sentencing Guidelines did not affect his sentence. See United States v. Crawford, 243 Fed.Appx. 476, 482 (11th Cir.2007) (per curiam). He then filed pro se this § 3582(c)(2) motion based on Amendment 706, which reduced by two levels the base offense level for certain crack cocaine offenses. Rl-390. The district court granted his motion and reduced his sentence to 235 months of imprisonment — the minimum term of his amended guideline range. 1 Rl-392.

Crawford, represented by counsel on appeal, contends that the advisory nature of the sentencing guidelines permitted the district court to impose a new sentence below the amended guideline range. This issue is now foreclosed by our decision in United States v. Melvin, 556 F.3d 1190, 1190-91 (11th Cir.2009) (per curiam) (holding that United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), and Kimbrough v. United States, 552 U.S. 85, 128 S.Ct. 558, 169 L.Ed.2d 481 (2007), do not apply to § 3582(c)(2) proceedings and that “a district court is bound by the limitations on its discretion imposed by § 3582(c)(2) and the applicable policy statements by the Sentencing Commission”). Accordingly, we AFFIRM Crawford’s sentence.

AFFIRMED.

1 . Crawford was originally sentenced to 292 months of imprisonment for conspiracy to possess with intent to distribute cocaine base and possession with intent to distribute cocaine base. See Crawford, 243 Fed.Appx. at 478. We affirmed on direct appeal. See United States v. Stallworth, No. 95-3533, 121 F.3d 721 (11th Cir. July 22, 1997) (per cu-riam) (unpublished).