United States v. Gilmore

In 2009, Jeremy Gilmore was convicted of conspiracy to distribute and possess with intent to distribute methamphetamine. Due to two prior drug felonies, he was sentenced to a mandatory life sentence. He moved to have his sentence reduced in accordance with a retroactive sentencing amendment, arguing his prison term was not “based on” a guidelines sentencing range, as required by 18 U.S.C. 3582 (c)(2). To be afforded a sentencing reduction under section 3582(c)(2), a defendant had to show that his term of imprisonment was “based on a sentencing range that has subsequently been lowered by the Sentencing Commission.” Defendant argued that his 168 month sentence mirrored the low end of a guideline sentence corresponding to a total offense level of 32 and a criminal history category of IV, and was thus “based on” a guidelines sentencing range. The district court concluded it lacked jurisdiction to reduce his sentence because the sentence was based on the parties’ stipulation and not on a “sentencing range” that had been subsequently lowered by the Sentencing Commission. Defendant argued to the Tenth Circuit that the district court erred in concluding it lacked jurisdiction, and that the stipulation did not bind the district court in reaching his sentence. The Tenth Circuit agreed with the district court however, that Defendant’s sentence was not “based on” a guidelines sentencing range, and affirmed. View "United States v. Gilmore" on Justia Law