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United States v. Evans

Appellant raises, among other issues, the issue of a miscalculated criminal history score in his original sentencing. A 18 U.S.C �3582(c)(2) motion is not the appropriate vehicle for raising issues related to the original sentencing. Those are arguments for direct appeal and are not cognizable under �582(c)(2). 5th U.S. Circuit Court of Appeals, No. 08-41259, 11-05-2009

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Before JONES, Chief Judge, SMITH and DeMOSS, Circuit Judges.

Mark Evans moved under 18 U.S.C. § 3582(c)(2) to reduce his sentence based on the retroactive amendment of the crack cocaine offense levels. The district court granted the motion but imposed a sentence at the high end of the new sentencing range. On appeal, Evans argues (1) that the mandatory provisions of United States Sentencing Guidelines (“U.S.S.G.”) section 1B1.10 cabined the district court’s sentencing discretion in violation of United States v. Booker, 543 U.S. 220 (2005) and the separation of powers doctrine and (2) that the modified sentence was procedurally unsound and substantively unreasonable. We affirm.

I.

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