United States v. Cooley

Defendant-Appellant Lionel Cooley appeals from the district court’s refusal to grant his motion for a modification of his sentence under 18 U.S.C. § 3582(c)(2) following the Sentencing Commission’s November 1, 2007 retroactive amendment to the United States Sentencing Guidelines (“U.S.S.G.”) provision 2D1.1, which governs offenses that involve cocaine base (crack cocaine). 1 Cooley’s 105-month sentence constituted a 37.5% downward departure from the low end of his original sentencing range (168 to 210 months) and even a 25% downward departure from the low end of the newly amended sentencing…