United States of America v. Maurice Foster, also known as MARCUS

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted June 1, 2012∗
Decided June 4, 2012
Before
FRANK H. EASTERBROOK, Chief Judge
RICHARD A. POSNER, Circuit Judge
DIANE P. WOOD, Circuit Judge
No. 12-1292
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
MAURICE FOSTER, also known as MARCUS,
Defendant-Appellant.
Appeal from the United
States District Court for the
Northern District of Illinois,
Eastern Division.
No. 95 CR 242-12
Robert W. Gettleman, Judge.
Order
Maurice Foster requested, and received, a reduction in his sentence under recent
changes to the Sentencing Guidelines for crack-cocaine offenses, changes made
retroactive by the Sentencing Commission. 18 U.S.C. §3582(c)(2).
The reduction, to 292 months’ imprisonment, is the maximum allowed by the
Commission’s amendments. Foster contends that he should have received an even
∗ 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).
NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with
Fed. R. App. P. 32.1
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No. 12-1292 Page 2
lower sentence. He maintains that the district court should have reduced his criminal-
history level. But retroactive changes to the Guidelines do not authorize full
resentencing; they allow lower sentences only to the extent that the Sentencing
Commission has specifically authorized them by amending specific Guidelines. See
Dillion v. United States, 130 S. Ct. 2683, 2690 (2010). This means that a district judge
cannot consider any issues other than those specified by the Commission. See United
States v. Davis, No. 11-1313 (7th Cir. May 31, 2012), slip op. 22–25. The Sentencing
Commission has not made any retroactive change to the rules for determining criminal
history, so the district court rightly declined to reduce Foster’s sentence on this account.
AFFIRMED

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