U.S. v. McPherson
A defendant may not be eligible for a sentence reduction, as a result of 2007 changes to the U.S. Sentencing Guidelines for convictions that involve crack cocaine, if the District Court computed the defendant's sentence based on the career offender guidelines. The defendant, Shonta McPherson, moved for a reduction in his sentence, pursuant to 18 United States Code §3582(c). The statute permits courts to modify a criminal sentence "based on a sentencing range that has subsequently been lowered by the Sentencing Commission pursuant to 28 United States Code §994(o)." The District Court denied McPherson's motion and explained that his U.S. Sentencing Guidelines range was based on the career offender guidelines, as opposed to the guidelines that relate to crack cocaine. The District Court explained it calculated McPherson's sentence by taking the time that remained on McPherson's state court criminal sentence and adding to that the 10-year statutory minimum that applied to his federal criminal offense. The 2nd Circuit found that because §2D1.1 of the U.S. Sentencing Guidelines, which can affect the computation for offenses that involve crack cocaine, did not play any role in the computation of McPherson's District Court sentence, he was not eligible for a sentence reduction. The 2nd Circuit affirmed the judgment of the District Court, Hall, J.