[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
No. 08-15953 MAY 19, 2009
Non-Argument Calendar THOMAS K. KAHN
CLERK
________________________
D. C. Docket No. 92-00270-CR-JLK
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JAMES WALKER,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Southern District of Florida
_________________________
(May 19, 2009)
Before TJOFLAT, DUBINA and BARKETT, Circuit Judges.
PER CURIAM:
James Walker, through counsel, appeals the district court’s denial of his
motion to reduce his sentence, pursuant to 18 U.S.C. § 3582(c)(2). Walker’s
§ 3582(c)(2) motion was based on Amendment 706 to the Sentencing Guidelines,
which reduced the base offense levels applicable to crack cocaine offenses. On
appeal, Walker, who was sentenced based on his status as a career offender,
acknowledges that, in United States v. Moore, 541 F.3d 1323, 1330 (11th Cir.
2008), cert. denied, McFadden v. United States, 129 S.Ct. 965 (2009), and cert.
denied, (U.S. Mar. 9, 2009) (No. 08-8554), we held that defendants whose
sentencing ranges were based on their career offender status are not eligible for
relief under § 3582(c)(2) and Amendment 706. Walker asserts, however, that
Moore was wrongly decided, and, pursuant to the Supreme Court’s decision in
United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), the
district court should have reevaluated the substantive reasonableness of his
sentence.
“Under the well-established prior panel precedent rule of this Circuit, the
holding of the first panel to address an issue is the law of this Circuit, thereby
binding all subsequent panels unless and until the first panel’s holding is overruled
by the Court sitting en banc or by the Supreme Court.” Smith v. GTE Corp., 236
F.3d 1292, 1300 n.8 (11th Cir. 2001). Thus, we affirm the denial of Walker’s
§ 3582(c)(2) motion in accordance with Moore. 541 F.3d at 1330.
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AFFIRMED.
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