U.S. v. WILLIAMS

No. 09-5331.

607 F.3d 1123 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Sheldon WILLIAMS, aka Ladon Sheldon Vaughn, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

June 14, 2010.


Attorney(s) appearing for the Case

ON BRIEF: Frank W. Heft, Jr., Laura R. Wyrosdick, Office of the Federal Defender, Louisville, Kentucky, for Appellant. Monica Wheatley, Terry M. Cushing, Assistant United States Attorneys, Louisville, Kentucky, for Appellee.

COOK, J., delivered the opinion of the court, in which KETHLEDGE, J., joined. MERRITT, J. (pp. 1126-28), delivered a separate opinion concurring in the result.


OPINION

COOK, Circuit Judge.

Defendant Sheldon Williams appeals from the district court's order denying his motion to reduce his sentence under 18 U.S.C. § 3582(c)(2). Because the career offender guidelines—not crack cocaine guidelines—controlled his original sentence, the district court lacked jurisdiction to resentence Williams under § 3582(c)(2). Accordingly, we affirm the denial of his motion.

I.

In 2005, Williams...

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