United States v. Earnest Eugene Cherry

Earnest Cherry, a federal prisoner who was convicted of a crack cocaine offense, appeals through counsel, the denial of his pro se motion to reduce his sentence, filed pursuant to 18 U.S.C. § 3582(c)(2) and the denial of his motion for reconsideration. 1 Cherry’s motion was based on Amendment 706 to U.S.S.G. § 2D1.1, which lowered the base offense levels applicable to crack cocaine convictions. Because Cherry received a 240-month statutory minimum sentence under 21 U.S.C. § 841(b)(1)(A), his sentence was based on something other than the offense level calculation under § 2D1.1. Consequently,…