United States v. Jason Foster
Docket: 12-2699
Court: Court of Appeals for the Seventh Circuit; February 8, 2013; Federal Appellate Court
Original Court Document: View Document
Jason Foster, convicted in 2008 for distributing over 50 grams of crack cocaine, originally received a 130-month sentence. Following a frivolous appeal dismissal in 2009, Foster sought a sentence reduction in 2012 under 18 U.S.C. § 3582(c)(2), after the Sentencing Commission retroactively amended the guidelines for crack offenses. The district court reduced his sentence to 120 months but maintained it above the statutory minimum applicable at the time of his offense. Foster argued that the Fair Sentencing Act of 2010 should allow for a further reduction to 60 months. His attorney, John Thomas Moran, Jr., requested appointment as counsel without citing legal authority, prompting the court to inquire about the justification for such an appointment under the Criminal Justice Act (CJA). Moran's claim of "inherent power" was insufficient, as the CJA specifically does not authorize counsel appointments for § 3582 proceedings, which are not classified as criminal prosecutions or collateral attacks. Consequently, the court denied Moran's motion for appointment of counsel. The court concluded that Foster's assertion that § 3582 should permit resentencing based on intervening legal changes was unsupported by precedent from Dillon v. United States, which restricts § 3582 proceedings to guideline amendments. Since Foster was sentenced prior to the Fair Sentencing Act's enactment, he remained subject to the earlier statutory framework. The court affirmed the district court's judgment, indicating that Foster's appeal lacked merit and aligned with other circuit rulings on the matter.