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United States v. Adrian Jackson, 4th Cir. (2012)
United States v. Adrian Jackson, 4th Cir. (2012)
No. 12-6167
Appeal from the United States District Court for the District of
South Carolina, at Rock Hill. Joseph F. Anderson, Jr., District
Judge. (0:98-cr-01126-JFA-2)
Submitted:
Decided:
PER CURIAM:
Adrian
Howard
Jackson
appeals
from
the
district
Guidelines.
The
district
court
determined
that
follow,
we
vacate
the
district
courts
denying
cocaine
base,
in
violation
of
Title
21
U.S.C.A.
the
presentence
Guidelines
Manual
report
(PSR),
2D1.1(c)(1)
applying
(1998),
the
U.S.
Sentencing
probation
officer
probation
months
to
life
calculated
imprisonment
on
2
Count
Guidelines
One.
range
However,
of
360
because
Jacksons
maximum
statutory
exposure
was
240
60-month
consecutive
sentence.
months
Count Two
Accordingly,
the
substantial
motion
and
assistance.
reduced
Jacksons
The
district
sentence
by
court
48
granted
months
the
(twenty
November
motion
for
2011,
Jackson
reduction
of
filed
the
sentence,
subject
seeking
the
The
district
court
denied
Jacksons
motion
on
the
In
doing
so,
the
district
court
erroneously
of
imprisonment
of
defendant
who
has
been
sentenced
if
the
retroactively
context
of
conviction
amendment
applicable.
Amendment
involved
is
18
750,
crack
listed
U.S.C.
in
the
3582(c)(2).
defendant
cocaine
is
Guidelines
whose
eligible
for
as
In
the
offense
of
reduced
Amendment
750,
the
base
offense
level
for
Adding
the
four-level
enhancement
for
his
range
is
235-293
months;
however,
role
in
the
His amended
because
of
the
amendment
effectively
2D1.1(c)(1) (2011).
results
in
applicable
235-240
months.
USSG
sentencing
before
becomes
range
Amendment
that
750.
is
lower
Therefore,
than
a
the
range
reduction
in
section
3582(c)(2)
motion.
Id.
at
202.
Thus,
when
Here,
the
district
court
erroneously
Id. at
concluded
that
so
it
had
the
authority
to
lower
Jacksons
sentence.
we
vacate
the
district
courts
order
and
We dispense with
oral
contentions
argument
because
the
facts
and
legal
are
adequately
presented
in
the
materials
before
the
court
and