United States v. Stephen Banks
Court of Appeals for the Fifth Circuit
1Per curiam
Defendant-Appellant Stephen Banks appeals the denial of his motion to modify his sentence under 18 U.S.C. § 3582(c)(2). At issue is whether a defendant originally sentenced under the drug quantity table in U.S.S.G. § 2D1.1, but resentenced in a section 3582 proceeding using the career offender provisions in U.S.S.G. § 4B1.1, can bring another section 3582 motion to reduce his sentence based on an amendment to the Sentencing Guidelines that further lowers the guidelines range for crack cocaine in the § 2D1.1 drug quantity table. For the reasons that follow, we hold that he cannot, and…
2Cases cited10 opinions
- Dillon v. United StatesSupreme Court of the United States · 2010
- Freeman v. United StatesSupreme Court of the United States · 2011
- The United States of America v. Robert Eldridge Marshall and Evelyn KingCourt of Appeals for the Fifth Circuit · 1990
- United States v. BrownCourt of Appeals for the Fourth Circuit · 2011
- United States v. AustinCourt of Appeals for the Ninth Circuit · 2012
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3Cited by12 opinions
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- United States v. DerryCourt of Appeals for the Second Circuit · 2016
- United States v. Tyrone DavisCourt of Appeals for the Ninth Circuit · 2016
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