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NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with
Fed. R. App. P. 32.1
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted November 21, 2013∗
Decided November 27, 2013
Before
DIANE P. WOOD, Chief Judge
FRANK H. EASTERBROOK, Circuit Judge
ANN CLAIRE WILLIAMS, Circuit Judge
No. 13-2546 Appeal from the United
UNITED STATES OF AMERICA, States District Court for the
Northern District of Illinois,
Plaintiff-Appellee, Western Division.
v. No. 93 CR 20024-6
Philip G. Reinhard, Judge.
MICHAEL GILLESPIE,
Defendant-Appellant.
Order
After the Sentencing Commission reduced the Guideline ranges for crack-cocaine
offenses, with retroactive effect (see Amendment 750), Michael Gillespie asked the
district court to reduce his sentence. See 18 U.S.C. §3582(c). The judge denied his
motion, stating that the latest amended Guideline does not change Gillespie’s range
because his relevant conduct exceeds 8.4 kilograms of cocaine, and he therefore retains
the highest sentencing level even after the recent changes. (At sentencing, the district
∗ This successive appeal has been submitted to the original panel under Operating Procedure 6(b). After
examining the briefs and the record, we have concluded that oral argument is unnecessary. See Fed. R.
App. P. 34(a); Cir. R. 34(f).
No. 13-2546 Page 2
judge had found Gillespie responsible for more than 9 kilograms of crack cocaine and
more than 5 kilograms of powder cocaine.)
Gillespie contends on appeal that the district court should have held a new
sentencing hearing and redetermined the quantity of cocaine for which he is
responsible. But Dillon v. United States, 560 U.S. 817 (2010), holds that a motion under
§3582(c) does not call for a fresh sentencing. Instead the district court proceeds on the
basis of conclusions already reached, changing only the Guidelines that have been
retroactively revised. The district court followed the approach of Dillon, and its
judgment is affirmed.