James: No 3852 reduction when offense level unchanged

In U.S. v. James, No. 08-12067 (Nov. 12, 2008), the Court held that a crack cocaine offender was not eligible for Amendment 706’s retroactive sentence reduction, because the Amendment did not affect the calculation of James’ offense level in a way favorable to him. At his original 1989 sentencing, the base offense level for James 10-15 kilos of crack cocaine was 36. The Guidelines were later amended to increase the punishment to level 38. As a result, James was not entitled to resentencing under 18 U.S.C. § 3582(c)(2).