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United States v. Billy Cleveland, 14-15296 (2015)

Court: Court of Appeals for the Eleventh Circuit Number: 14-15296 Visitors: 91
Filed: Jun. 15, 2015
Latest Update: Mar. 02, 2020
Summary: Case: 14-15296 Date Filed: 06/15/2015 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT _ No. 14-15296 Non-Argument Calendar _ D.C. Docket No. 0:01-cr-06242-WPD-1 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus BILLY CLEVELAND, Defendant-Appellant. _ Appeal from the United States District Court for the Southern District of Florida _ (June 15, 2015) Before WILLIAM PRYOR, JORDAN and JILL PRYOR, Circuit Judges. PER CURIAM: Case: 14-15296 Date Filed:
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           Case: 14-15296   Date Filed: 06/15/2015   Page: 1 of 2


                                                        [DO NOT PUBLISH]



            IN THE UNITED STATES COURT OF APPEALS

                    FOR THE ELEVENTH CIRCUIT
                      ________________________

                            No. 14-15296
                        Non-Argument Calendar
                      ________________________

                 D.C. Docket No. 0:01-cr-06242-WPD-1



UNITED STATES OF AMERICA,
                                                              Plaintiff-Appellee,


                                  versus


BILLY CLEVELAND,
                                                         Defendant-Appellant.

                      ________________________

               Appeal from the United States District Court
                   for the Southern District of Florida
                     ________________________

                             (June 15, 2015)

Before WILLIAM PRYOR, JORDAN and JILL PRYOR, Circuit Judges.

PER CURIAM:
              Case: 14-15296     Date Filed: 06/15/2015   Page: 2 of 2


      Billy Cleveland appeals pro se the denial of his motion for a sentence

reduction. 18 U.S.C. § 3582(c)(2). Cleveland based his motion on Amendment 782

to the Sentencing Guidelines. We affirm.

      The district court did not err when it denied Cleveland’s motion for a

reduction of his sentence. Cleveland, whose sentence is based on the career

offender guideline, U.S.S.G. § 4B1.1, not on the drug quantity tables, 
id. § 2D1.1,
is ineligible for a sentence reduction under Amendment 782. See United States v.

Lawson, 
686 F.3d 1317
, 1321 (11th Cir. 2012); United States v. Moore, 
541 F.3d 1323
, 1327–30 (11th Cir. 2008). Cleveland challenges his classification as a career

offender, but that challenge is outside the limited scope of section 3582(c)(2). See

United States v. Bravo, 
203 F.3d 778
, 780–81 (11th Cir. 2000).

      We AFFIRM the denial of Cleveland’s motion to reduce.




                                           2

Source:  CourtListener

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