United States of America v. Paul D. Turner

Cleveland, Ohio criminal defense lawyer represented the Defendant charged with drug trafficking, onspiracy to Possess with the Intent to Distribute Cocaine Base (Crack), Possession of a Firearm by Convicted Felon.



Paul Turner pleaded guilty to drug trafficking and firearms charges. Because he continued to sell cocaine while out on bond and refused to take responsibility for his violent past, the district court decided to impose a higher sentence than the Guidelines recommended. So the court varied upward to a Guidelines range of 57 to 71 months and imposed a 71 month sentence. Roughly two and a half years after sentencing, Turner moved for a reduction under Amendment 821—a retroactive amendment to the United States Sentencing Guidelines that would have lowered the Guidelines range that the judge used to sentence Turner to 51 to 63 months.



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Once a court sentences a defendant, it rarely has the authority to change the sentence unless a statute expressly allows resentencing. United States v. Curry, 606 F.3d 323, 326 (6th Cir. 2010). One such statute is 18 U.S.C. § 3582(c). Id. at 326–27. Under § 3582(c)(2), if the Sentencing Commission amends the Guidelines in a way that results in a lower range for a previously sentenced defendant, the district court may reduce the defendant's sentence. The court follows a two-step process to do so. United Sates v. Ashrafkhan, 129 F.4th 980, 983 (6th Cir. 2025). "First, the district court determines the defendant's eligibility for a sentence reduction. If the district court determines that the defendant is eligible, it next considers whether the authorization is warranted according to the factors provided in 18 U.S.C. § 3553(a).” Id. (citation omitted).

Affirmed