[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FILED
FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS
________________________ ELEVENTH CIRCUIT
APRIL 20, 2009
No. 08-14337 THOMAS K. KAHN
Non-Argument Calendar CLERK
________________________
D. C. Docket No. 92-00028-CR-ORL-18GJK
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
COLLIN MARSHALL,
a.k.a. Slim,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Middle District of Florida
_________________________
(April 20, 2009)
Before BIRCH, MARCUS and ANDERSON, Circuit Judges.
PER CURIAM:
Collin Marshall, a federal prisoner, appeals the district court’s reduction of
his sentence pursuant to 18 U.S.C. § 3582(c)(2). Marshall was originally
sentenced in 1992 to 360 months of imprisonment for conspiracy to possess with
intent to distribute crack cocaine, and possession with intent to distribute crack
cocaine. R1-575 at 1. Pursuant to Marshall’s § 3582(c)(2) motion, the district
court determined he was eligible for a sentence reduction under Amendments 706
and 711 to the United States Sentencing Guidelines, which reduced the base
offense level for crack cocaine offenses two levels. R1-577. The court sentenced
Marshall to 324 months of imprisonment – the minimum term permitted by the
amended guideline range. Id.; R1-572 at 4.
The only issue on appeal is whether the district court had discretion under
United States v. Booker, 543 U.S. 220, 125 S. Ct. 738 (2005), to treat the
guidelines as advisory and further reduce Marshall’s sentence below the amended
guideline range. The answer is no. See United States v. Melvin, No. 08-13497,
___ F.3d ___, 2009 WL 236053, at *1 (11th Cir. Feb. 3, 2009) (per curiam)
(“Concluding that Booker and Kimbrough 1 do not apply to § 3582(c)(2)
proceedings, we hold that a district court is bound by the limitations on its
discretion imposed by § 3582(c)(2) and the applicable policy statements by the
Sentencing Commission.”). Accordingly, we AFFIRM the district court’s
1
Kimbrough v. United States, 552 U.S. ___, 128 S. Ct. 558 (2007).
2
sentence.
AFFIRMED.
3