Thomas: Armed Career Offenders Not Eligible for Crack Guideline Reduction

In U.S. v. Thomas, No. 08-11492 (Oct. 23, 2008), the Court, applying U.S. v. Moore, 541 F.3d 1323 (11th Cir. 2008) (career offenders are categorically ineligible for the two-level reduction made retroactively available to crack cocaine offenders), held that armed career offenders, like career offenders, are not eligible for an Amendment 706 sentence reduction. The Court reasoned that the base offense level reduction relating to crack quantities had not effect on the sentencing range of an armed career offender, which is based on USSG § 4B1.4.