USA v. Jeremy Lamar Harris

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 12-12416
Non-Argument Calendar
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D.C. Docket No. 4:04-cr-00322-RDP-TMP-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JEREMY LAMAR HARRIS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Alabama
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(August 30, 2012)
Before BARKETT, MARCUS and JORDAN, Circuit Judges.
PER CURIAM:
Jeremy Lamar Harris, proceeding pro se, appeals the district court’s denial
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of his motion under 18 U.S.C. § 3582(c)(2) to reduce his sentence. Harris pled
guilty to conspiring to distribute and possess with intent to distribute 50 grams or
more of cocaine base, in violation of 21 U.S.C. §§ 841(a)(1) and 846, distributing
and possessing with intent to distribute 5 grams or more of cocaine base, in
violation of § 841(a)(1), conspiring to commit money laundering, in violation of
18 U.S.C. § 1956(h), and 9 counts of money laundering, in violation of
§ 1956(a)(1)(B)(i). His drug offenses involved at least 1.5 kilograms of cocaine
base.
The district court calculated a guidelines range of life imprisonment because
Harris was subject to a statutorily-mandated sentence of life imprisonment based
upon his prior convictions for two felony drug offenses. After granting a
downward departure for Harris’s substantial assistance, the district court
calculated a guidelines range of 235 to 293 months’ imprisonment, and sentenced
Harris to a total sentence of 240 months’ imprisonment. Harris subsequently filed
a § 3582(c)(2) motion to reduce his sentence based upon Amendment 750 to the
Sentencing Guidelines and the Fair Sentencing Act of 2010 (“FSA”).
Because Harris’s guidelines range of life imprisonment was based upon the
statutorily-mandated sentence of life imprisonment to which he was subject,
Amendment 750 did not affect his applicable guidelines range. Moreover, even
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assuming that the FSA applies to defendants who, like Harris, were sentenced
before its enactment, Harris remains subject to a statutorily-mandated sentence of
life imprisonment and an identical guidelines range. Harris was, therefore,
ineligible for a sentence reduction.
AFFIRMED.
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