Motion for a sentence reduction in crack cocaine conviction
US v. Turnley, 09-5498, concerned a challenge to the district court's grant of defendant's motion, pursuant to 18 U.S.C.
section 3582(c)(2), to have his sentence reduced, in lowering
defendant's life sentence to 264 months, a term that was below the
minimum amended Guidelines range, in a conviction of defendant for crack and powder cocaine related offenses.
In vacating the sentence, the court remanded for resentencing as, the
district court erred in holding that Booker renders the Guidelines
advisory in section 3582(c)(2) resentencing proceedings. The court also
held that section 1B1.10(b)(2)(A) is binding upon the sentencing
court. Further, because defendant will be free to raise his
separation-of-power arguments on remand for resentencing, there is no
need to depart from the general rule of not considering issues raised
for the first time on appeal. Lastly, the court rejected defendant's
argument that the government did not obtain the requisite approval
required for its to appeal his sentence as, because the statutory
deadline for obtaining this approval was extended, the requirement in US
v. Smith, 910 F.2d 326 (6th Cir. 1990), that the approval be submitted
in writing should accordingly incorporate the new statutory timeline for
obtaining that approval.