[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________ FILED
U.S. COURT OF APPEALS
No. 09-13481 ELEVENTH CIRCUIT
JANUARY 22, 2010
Non-Argument Calendar
JOHN LEY
________________________
ACTING CLERK
D. C. Docket No. 00-06015-CR-WJZ
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DONALD T. ROBERSON,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Southern District of Florida
_________________________
(January 22, 2010)
Before CARNES, MARCUS and WILSON, Circuit Judges.
PER CURIAM:
Donald T. Roberson appeals the district court’s decision in an 18 U.S.C. §
3582(c)(2) proceeding not to reduce his sentence beneath the low end of the
guidelines range. Thanks to Sentencing Guidelines Amendments 706 and 711
reducing the base offense level for crack cocaine offenses, Roberson had obtained
a five-month reduction, to the low end of the applicable range. The district court
had previously rejected three motions by Roberson for a reduced sentence.
Roberson concedes that our holding in United States v. Melvin, 556 F.3d 1190,
1193–94 (11th Cir.), cert. denied, 129 S. Ct. 2382 (2009), barred the district court
from reducing his sentence past the low end; and moreover that neither United
States v. Booker, 543 U.S. 220, 125 S. Ct. 738 (2005), nor Kimbrough v. United
States, 552 U.S. 85, 128 S. Ct. 558 (2007), prohibit Congress or the Sentencing
Commission from limiting the discretion of a court under § 3582(c)(2). We are
bound to follow an on-point ruling by a prior panel unless and until the panel is
overruled by the U.S. Supreme Court or our own Court sitting en banc. United
States v. Douglas, 576 F.3d 1216, 1219 (11th Cir. 2009). Finding no error, we
affirm the judgment of the district court.
AFFIRMED.
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