Professional Documents
Culture Documents
No. 12-6197
Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington. James C. Fox, Senior
District Judge. (7:03-cr-00064-F-1)
Submitted:
Decided:
June 6, 2012
PER CURIAM:
Teeran
Tyron
Gresham
appeals
the
district
courts
on
18
U.S.C.
3582(c)(2)
motion
for
an
abuse
of
discretion.
Cir. 2010).
further proceedings.
In 2004, Gresham pleaded guilty, pursuant to a plea
agreement, to one count of possession with intent to distribute
more than fifty grams of cocaine base and more than 500 grams of
cocaine,
in
violation
of
21
U.S.C.
841(a)(1)
(2006),
and
The
drug
possession
conviction
represented
approximately
on
pursuant
Greshams
to
USSG
substantial
5K1.1,
assistance
p.s.,
as
well
to
the
as
on
Government
mental
and
was limited by the mandatory minimum ten year term that was
applicable at the time of Greshams sentencing.
In
the
appealed
order,
the
district
court
denied
750 was applicable to Gresham but did not have the effect of
lowering Greshams Guidelines range.
Greshams
Amendment
category
750,
Greshams
produces
imprisonment.
Guidelines
Thus,
range.
offense
range
that
pursuant
After
level
is
to
and
wholly
USSG
the
operation
criminal
below
120
5G1.1(b),
of
history
months
Greshams
by
one
month.
The
district
courts
conclusion
that
On
remand,
the
district
court
should
analyze
the
court
and
argument
would
not
aid
the
decisional
process.
VACATED AND REMANDED