Case: 12-11806 Date Filed: 10/04/2012 Page: 1 of 2
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 12-11806
Non-Argument Calendar
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D.C. Docket No. 2:00-cr-14088-DLG-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOHNNY EDWARD CARTER,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Florida
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(October 4, 2012)
Before TJOFLAT, PRYOR and KRAVITCH, Circuit Judges.
PER CURIAM:
Johnny Edward Carter, a federal prisoner, appeals the denial of his motion
to reduce his sentence based on Amendment 750 to the Sentencing Guidelines. 18
Case: 12-11806 Date Filed: 10/04/2012 Page: 2 of 2
U.S.C. § 3582(c)(2). The district court ruled that Carter was ineligible for relief
because he was sentenced as a career offender. Carter argues that the decision of
the Supreme Court in Freeman v. United States, 564 U.S. ____, 131 S. Ct. 2685
(2011), abrogated our decision in United States v. Moore, 541 F.3d 1323 (11th
Cir. 2008), that a career offender is categorically ineligible for a reduced sentence.
We affirm.
Carter’s argument is foreclosed by our recent decision in United States v.
Lawson, 686 F.3d 1317 (11th Cir. 2012). In Lawson, this Court held that
Freeman, which did not address how retroactive amendments affect career
offenders, did not abrogate Moore. Lawson, 686 F.3d at 1320–21. Like Lawson,
Carter was sentenced as a career offender, United States Sentencing Guidelines
Manual § 4B1.1 (Nov. 2000), and was ineligible for a reduced sentence under
Amendment 750. The district court did not err by denying Carter’s motion.
The denial of Carter’s motion to reduce his sentence is AFFIRMED.
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