[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
JULY 9, 2012
No. 11-15946
Non-Argument Calendar JOHN LEY
CLERK
________________________
D.C. Docket No. 9:02-cr-80051-DTKH-4
UNITED STATES OF AMERICA,
llllllllllllllllllllllllllllllllllllllll Plaintiff-Appellee,
versus
HAROLD JOHNSON,
llllllllllllllllllllllllllllllllllllllll Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Southern District of Florida
________________________
(July 9, 2012)
Before EDMONDSON, WILSON and BLACK, Circuit Judges.
PER CURIAM:
Harold Johnson appeals the district court’s denial of his motion to modify
his sentence, pursuant to 18 U.S.C. § 3582(c)(2). Johnson was convicted of
conspiracy to possess with the intent to distribute 50 grams or more of crack
cocaine. Because Johnson had two prior felony convictions for the sale of a
controlled substance, he was sentenced under the career offender guidelines of
U.S.S.G. § 4B1.1. Nevertheless, Johnson filed his motion pursuant to Amendment
750 to the Sentencing Guidelines, which lowered the base offense levels
applicable to crack cocaine quantity levels.
Johnson concedes that his argument is foreclosed by our decision in United
States v. Moore, 541 F.3d 1323 (11th Cir. 2008). In Moore, we held that
defendants who were originally sentenced under § 4B1.1(b)’s career offender table
were not eligible for § 3582(c)(2) relief because their guideline ranges were not
based on the drug quantity offense levels which Amendment 706 had lowered.
See Moore, 541 F.3d at 1327-30 (concluding “[w]here a retroactively applicable
guideline amendment 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”).
The district court did not err when it denied Johnson’s motion to modify his
sentence pursuant to 18 U.S.C. § 3582(c)(2). The court lacked the authority to
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modify Johnson’s sentence because Johnson was sentenced as a career offender,
pursuant to U.S.S.G. § 4B1.1, and Amendment 750 did not have the effect of
lowering Johnson’s guideline range.
AFFIRMED.
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