United States v. Womack

This case stemmed from the sentencing and resentencing of defendant-appellee Gregory Womack, who was convicted of federal crimes involving the manufacture and distribution of methamphetamine. In a prior appeal, the Tenth Circuit Court of Appeals upheld the initial sentence based on the sentencing guidelines in effect at the time of the crimes. But after issuance of that decision, the U.S. Sentencing Commission adopted two guideline amendments: Amendment 782 and Amendment 750. Amendment 782 lowered the base offense levels for certain drug weights. But Amendment 750 had the opposite effect for crimes involving methamphetamine, promulgating a revised drug-equivalency table in which each gram of methamphetamine had a higher marijuana-equivalent weight than when defendant had committed his crimes. Defendant successfully moved for a reduction in his sentence under 18 U.S.C. 3582(c)(2), arguing that the only relevant amendment was Amendment 782. After its review, the Tenth Circuit disagreed, finding that Amendment 750 was relevant and precluded defendant from obtaining a reduction in his sentence. Accordingly, the Tenth Circuit vacated the district court’s order and remanded with instructions to dismiss defendant's motion based on a lack of jurisdiction. View "United States v. Womack" on Justia Law