Chicago, Illinois 60604 Submitted July 18, 2016 Decided July 28, 2016 Before DIANE… v. Willie J. Hill

NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with Fed. R. App. P. 32.1
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted July 18, 2016*
Decided July 28, 2016
Before
DIANE P. WOOD, Chief Judge
FRANK H. EASTERBROOK, Circuit Judge
KENNETH F. RIPPLE, Circuit Judge
No. 15-­‐‑3161
UNITED STATES OF AMERICA,
Plaintiff-­‐‑Appellee,
v.
WILLIE J. HILL,
Defendant-­‐‑Appellant.
Appeal from the United
States District Court for the
Southern District of Indiana,
Indianapolis Division.
No. 1:93-­‐‑cr-­‐‑00148-­‐‑LJM-­‐‑KPF
Larry J. McKinney, Judge.
Order
Willie Hill is serving a term of 500 months’ imprisonment, imposed more
than 20 years ago, for distributing substantial quantities of both crack and
powder cocaine. See United States v. Duff, 76 F.3d 122 (7th Cir. 1996).
* This successive appeal has been submitted to the original panel under Operating Procedure 6(b).
After examining the briefs and the record, we have concluded that oral argument is unnecessary.
See Fed. R. App. P. 34(a); Cir. R. 34(f).

-- 1 of 2 --

No. 15-­‐‑3161 Page 2
The Sentencing Commission has several times reduced the Guideline range
for crack-­‐‑cocaine convictions and made those reductions retroactive, but these
changes did not affect persons such as Hill who distributed powder cocaine. The
most recent set of retroactive reductions, however, is a two-­‐‑level decrease for
most drug offenses. See Amendment 782 (adopted November 2014). Hill asked
the district court to cut his sentence under Amendment 782. The court declined,
however, observing that although Amendment 782 changes Hill’s offense level it
does not affect his recommended Guideline range—and under 18 U.S.C.
§3582(c)(2) only a defendant whose “sentencing range” has been reduced may
benefit from a retroactive amendment.
When sentencing Hill, the district court calculated his offense level as 42. The
court started with 38 based on the quantity of drugs distributed and added 2 for
use of firearms and 2 more for Hill’s managerial role in the enterprise. When
combined with his criminal history category of V, this produced a sentencing
range of 360 months to life. Recalculated under Amendment 782, and giving Hill
credit for other changes made before Amendment 782, his offense level is now
38, made up of 34 for drug quantity, 2 for firearms, and 2 for his managerial role.
The recommended range today for someone with an offense level of 38 and a
criminal history of V remains 360 months to life. Because Hill’s sentencing range
has not decreased—even though his offense level is down by 4—§3582(c)(2) does
not permit the district court to reduce his sentence.
Hill maintains that he should have been held accountable for only 1.5
kilograms of crack and 1.5 kilograms of powder cocaine, and that changing his
relevant conduct in this fashion would substantially cut his sentencing range. But
§3582(c)(2) does not authorize full resentencing. Dillon v. United States, 560 U.S.
817 (2010). It requires the district court to make modifications specified by the
retroactive change while taking other calculations as given. United States v. Wren,
706 F.3d 861 (7th Cir. 2013); U.S.S.G. §1B1.10(b)(1) & Application Note 2. Under
that approach, Hill’s sentencing range remains 360 months to life, and his request
for a lower sentence was properly denied.
AFFIRMED

-- 2 of 2 --