United States v. Williams, No. 08-1065-cr (2d Cir. January 7, 2009) (Hall, Livingston, Gibson, CJJ)
Here, the defendant, Saquan Lewis, unsuccessfully appealed the district court’s denial of his motion for a sentence reduction under 18 U.S.C. § 3582(c) based on the retroactive amendment to the Guideline for offenses involving crack cocaine.
The District Court Proceedings
Lewis had originally pled guilty to trafficking in crack cocaine and a 924(c) charge under a cooperation agreement. At sentencing, he agreed that he was responsible for between 50 and 150 grams of crack which, under the applicable version of the Guidelines, resulted in an offense level of 32, with 3 levels deducted for acceptance of responsibility. His sentencing range on the crack count was 97 to 121 months, but due to his prior felony, he faced a 20-year mandatory minimum on that charge and a 5-year consecutive sentence on the 924(c). After granting the …