Reduced crack guideline does not apply to defendants sentenced as Career Offenders

United States v. Anderson, No. 08-41314 (5th Cir. Dec. 21, 2009) (per curiam).

Anderson was convicted of a crack cocaine offense and sentenced as career offender. Anderson later sought a reduction under 18 U.S.C. § 3582(c)(2) and U.S.S.G.§ 1B1.10 based upon the Sentencing Commission's lowering of the crack cocaine guideline. The court held that since Anderson was sentenced under the career offender guideline and as opposed to the crack guidelines, he was not entitled to a reduction because he "'was not sentenced based on a sentencing range that was subsequently lowered by the Sentencing Commission.'"