USA v. Osmond Haddad

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 12-10115
Non-Argument Calendar
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D.C. Docket No. 3:92-cr-03067-RV-1
UNITED STATES OF AMERICA,
llllllllllllllllllllllllllllllllllllllll Plaintiff - Appellee,
versus
OSMOND HADDAD,
llllllllllllllllllllllllllllllllllllllll Defendant - Appellant.
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Appeal from the United States District Court
for the Northern District of Florida
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(September 20, 2012)
Before WILSON, JORDAN and ANDERSON, Circuit Judges.
PER CURIAM:
Osmond Haddad, proceeding pro se, appeals the district court’s denial of his
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motion for a reduction of his sentence pursuant to 18 U.S.C. § 3582(c)(2).
Because Amendment 750 to the Sentencing Guidelines does not alter Haddad’s
Guidelines range, we affirm the district court’s denial of the motion.
We generally review a district court’s denial of a § 3582(c)(2) motion for
abuse of discretion. United States v. Williams, 549 F.3d 1337, 1338 (11th Cir.
2008) (per curiam). “However, where the issue presented involves a legal
interpretation, our review is de novo.” Id. at 1338–39.
At Haddad’s original sentencing, the district court found that Haddad was
accountable for a total of approximately 9.6 kilograms of crack cocaine.
Consequently, his base offense level was 38. Given his criminal history category
of I, Haddad’s corresponding Guidelines range was calculated at 235–293 months.
Haddad was sentenced to 265 months of imprisonment, and we summarily
affirmed on appeal. See United States v. Haddad, 85 F.3d 643 (11th Cir. 1996)
(table).
Amendment 750 revised the crack cocaine quantity tables to conform to the
Fair Sentencing Act of 2010, which amended certain statutory minimum sentences
for crack cocaine offenses. Amendment 750 was subsequently made retroactive by
Amendment 759, thereby permitting defendants to move for sentence reductions
under § 3582(c)(2) in appropriate circumstances. Amendment 750, however, did
not alter the Guidelines range for a defendant who was originally found
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responsible for more than 8.4 kilograms of crack cocaine. U.S.S.G. § 2D1.1(c)(1)
(setting a base offense level of 38 for a quantity of 8.4 kilograms or more of crack
cocaine). Accordingly, the applicable Guidelines range for a defendant who was
originally accountable for a quantity of crack cocaine over 8.4 kilograms is
unaffected by Amendment 750. Cf. United States v. Davis, 587 F.3d 1300, 1303–
04 (11th Cir. 2008) (per curiam).
Haddad, having originally been held responsible for approximately 9.6
kilograms of crack cocaine, fits into the category of individuals whose Guidelines
range is unaltered by the recent amendments to the Sentencing Guidelines.
Therefore, the district court correctly determined that a sentence reduction was not
appropriate under § 3582(c)(2), since Haddad’s applicable Guidelines range
remained the same after Amendment 750 became retroactive. To the extent that
Haddad now contests the quantity of crack cocaine for which he was held
responsible at his original sentencing, a § 3582(c)(2) motion is not the appropriate
vehicle to rehash the district court’s previous factual determinations. See United
States v. Bravo, 203 F.3d 778, 781 (11th Cir. 2000) (reiterating in the context of a
§ 3582(c)(2) motion that “all original sentencing determinations remain unchanged
with the sole exception of the guideline range that has been amended since the
original sentencing”).
AFFIRMED.
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