USA v. Douglas Richard Hewitt

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
MARCH 17, 2010
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 09-12622
Non-Argument Calendar
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D. C. Docket No. 89-00074-CR-J-16
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DOUGLAS RICHARD HEWITT,
a.k.a. Dougie,
Defendant-Appellant.
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Appeal from the United States District Court
for the Middle District of Florida
_________________________
(March 17, 2010)
Before EDMONDSON, PRYOR and ANDERSON, Circuit Judges.
PER CURIAM:

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Douglas Richard Hewitt appeals the denial of his motion for a reduction of
sentence. 18 U.S.C. § 3582(c)(2). We affirm.
We review de novo conclusions about the scope of the legal authority of the
district court under section 3582(c)(2). United States v. Jones, 548 F.3d 1366,
1368 (11th Cir. 2008).
Amendment 706 to the Sentencing Guidelines reduced base offense levels for
crack cocaine offenses. If a defendant was responsible for at least 4.5 kilograms of
crack cocaine, Amendment 706 does not reduce his applicable guideline range, and
he is ineligible for a sentence reduction under section 3582(c)(2). Jones, 548 F.3d
at 1369. The decision of the Supreme Court in United States v. Booker, 543 U.S.
220, 125 S. Ct. 738 (2005), does not provide an independent basis to reduce his
sentence. Jones, 548 F.3d at 1369.
Hewitt was ineligible for a sentence reduction under section 3582(c)(2).
Jones, 548 F.3d at 1369. During Hewitt’s original sentencing, the district court
adopted the finding in the presentence investigation report that Hewitt was
responsible for in excess of 5 kilograms of crack cocaine. We affirm the denial of
Hewitt’s motion for a reduction of sentence.
AFFIRMED.
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