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[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 12-16176
Non-Argument Calendar
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D.C. Docket No. 6:04-cr-00002-WLS-TQL-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
KEITH ABRAMS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Middle District of Georgia
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(October 3, 2013)
Before CARNES, Chief Judge, HULL and PRYOR, Circuit Judges.
PER CURIAM:
Keith Abrams appeals the denial of his 18 U.S.C. § 3582(c)(2) motion for a
sentence reduction based on Amendment 750 to the federal sentencing guidelines
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and the Fair Sentencing Act of 2010 (“FSA”), Pub. L. No. 111-220, 124 Stat. 2372,
which respectively lowered the base offense levels and mandatory minimum
sentences for crack-cocaine offenses. Abrams contends that, notwithstanding the
fact that he was sentenced as a career offender under § 4B1.1 of the United States
Sentencing Guidelines, instead of the crack-cocaine guidelines found in § 2D1.1,
he is entitled to a sentence reduction under Amendment 750 and the FSA in light
of the Supreme Court’s decisions in Freeman v. United States, — U.S. —, 131
S.Ct. 2685 (2011), and Dorsey v. United States, — U.S. —, 132 S.Ct. 2321 (2012).
We review de novo the district court’s conclusions about the scope of its
legal authority to grant a § 3582(c)(2) sentence reduction. United States v.
Lawson, 686 F.3d 1317, 1319 (11th Cir. 2012). Section 3582 authorizes a district
court to reduce a defendant’s prison term if it was “based on a sentencing range
that has subsequently been lowered by the Sentencing Commission.” 18 U.S.C.
§ 3582(c)(2); see also U.S.S.G. § 1B1.10(a)(1). In United States v. Moore, we
held that “[w]here a retroactively applicable guideline amendment,” such as
Amendment 750, “reduces a defendant’s base offense level, but does not alter the
sentencing range upon which his or her sentence was based, § 3582(c)(2) does not
authorize a reduction in sentence.” 541 F.3d 1323, 1330 (11th Cir. 2008); see also
U.S.S.G. § 1B1.10 cmt. n.1(A) (explaining that a § 3582(c)(2) sentence reduction
is not authorized if the relevant amendment “does not have the effect of lowering
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the defendant’s applicable guideline range because of the operation of another
guideline or statutory provision”).
Because Abrams’ guidelines range was driven by his career offender
designation, instead of the crack-cocaine guidelines in § 2D1.1, he is not entitled to
a sentence reduction based on Amendment 750 because it did “not alter the
sentencing range upon which his . . . sentence was based.” See Moore, 541 F.3d at
1330. While Abrams contends that the Supreme Court’s decision in Freeman,
which concerned eligibility for § 3582(c)(2) relief for defendants who enter into
plea agreements under Federal Rule of Criminal Procedure 11(c)(1)(C), called our
Moore decision into question, we have already held that Freeman did not overrule
Moore and extend § 3582(c)(2) relief to defendants sentenced based on the career
offender guideline. Lawson, 686 F.3d at 1320–21. We are bound by that holding
under the prior panel precedent rule even if, as Abrams insists, Lawson’s analysis
was wanting or flawed. See Smith v. GTE Corp., 236 F.3d 1292, 1303 (11th Cir.
2001) (“[W]e categorically reject any exception to the prior panel precedent rule
based upon a perceived defect in the prior panel’s reasoning or analysis as it relates
to the law in existence at that time.”).
Abrams is also not entitled to relief under the FSA because, as we have also
held, the FSA is not a guidelines amendment implemented by the Sentencing
Commission, but a statutory change enacted by Congress, and the FSA does not
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otherwise apply to defendants, like Abrams, who were originally sentenced before
the Act took effect on August 3, 2010. See United States v. Berry, 701 F.3d 374,
377 (11th Cir. 2012). Contrary to Abrams’ assertion, the Supreme Court’s
decision in Dorsey, which held that the FSA’s lower mandatory minimums apply
to pre-Act offenders sentenced after its effective date, did not suggest that the FSA
should apply retroactively to defendants sentenced before its enactment. See id. at
378 (“The Supreme Court in Dorsey carefully confined its application of the FSA
to pre-Act offenders who were sentenced after the Act’s effective date.”).
Accordingly, the district court properly found that it was not authorized to grant
Abrams a § 3582(c)(2) reduction based on either Amendment 750 or the FSA.
AFFIRMED.
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