[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT

________________________ No. 15

- 1 2694 Non

- Argument Calendar

________________________ D.C. Docket No. 9 : 06

- cr
- 80081

- D T KH

- 3

UNITED STATES OF AMERICA,
Plaintiff

- Appellee,

versus KELVIN FERGUSON , Defendant

- Appellant.

_______________________ _ Appeal from the United States District Court for the Southern District of Florida

________________________ (April 1, 2016)
Before WILSON , WILLIAM PRYOR and ROSENBAUM , Circuit Judges.
PER CURIAM:

Case: 15-12694 Date Filed: 04/01/2016 Page: 1 of 42 Kelvin Ferguson appeals the denial of his motion to reduce his sentence based on Amendment 782 to the Sentencing Guidelines

. 18 U.S.C. § 3582(c). The district court, which earlier reduced Ferguson’s sentence based on Amendment s 706 and 750 , ruled that h is status as a career offender made him ineligible for a
further reduction of his sentence . W e affirm. Ferguson pleaded guilty to conspiring to manufacture and possess with intent to distribute at least 50 grams of cocaine base and 5 kilograms of cocaine, 21 U.S.C. §§ 841(a)(1), (b)(1)(A), 846, and possessing a firearm as a convi cted felon, 18 U.S.C. § 924(e). Ferguson’s presentence investigation report assigned him a
base offense level of 38 b ecause he was responsible for 1 .5 kilograms of cocaine base, U

. S

. S

. G

. § 4B1.1, and added two level s for his possessi o n of a firearm, id. § 2D1.1(b), which resulted in an adjusted offense level of 40. Ferguson , a career offender, id. § 4B1.1( a ), and an a rmed career offender, id. § 4B1.4(a), retained the adjusted offense level of 40 because that exceeded the offense level of 37 applicable to a career offender , id. § 4B1.4(b). Ferguson received a three

- level
reduction for acceptance of responsibility , i d. § 3E1.1 , and with a total offense
level o f 37 and a criminal history of VI, id. § 4B1.1(b), had an advisory sentencing
range of 360 months to life imprisonment. Based on the motion of the government to reduce Ferguson’s sentence by one third for hi s substantial assistance , i d. § 5K1.1 , t he district court sentenced Ferguson to 240 months.

Case: 15-12694 Date Filed: 04/01/2016 Page: 2 of 43 The district court twice reduc e d Ferguson’s sentence . 18 U.S.C. § 3582(c)(2). First, the district court reduced Ferguson’s base offense level to 3 6
based on Amendment 706 and , after applicable adjustments , impos e d a sentence of
195 months

. Later, the district court reduced Ferguson’s total offense level to 34
based on Amendment 750 and sentenced him to 175 months , but based on Ferguson ’s mo tion for reco nsideration, the district court reduced his sentence to
157 months

. The district court lacked authority to further reduce Ferguson ’s sentence

. Amendment 782 d id not alter Ferguson’ s sentencing range. See United States v.
Hamilton , 715 F.3d 328, 337 (11 th Cir. 2013). A lthough the Amendment
decrease d Ferguson’s adjusted offense level to 3 4 , see U.S.S.G. § 2D1.1(b)

- (c),
because Ferguson is a career offender, see i d

. § 4B1.1, and that “offense level . . . is greater than the offense level [under the Amendment],” id. § 4B1.1(b) , his applicable offense level is 37

. See United States v. Lawson , 686 F.3d 1317, 1319

– 20 (11 th Cir. 2012). After a three

- level adjustment for acceptance of responsibility,
id. § 3E1.1, Ferguson had a total offense level of 34

. Because Amendment 782
“does not have the effect of lowering [Ferguson’s] applicable guidelines range ,” a
reduction of his sentence “is not authorized under 18 U.S.C. 3582(c)(2) .” Id. § 1B1.10(a)(2)

. The district court did not err by den ying Ferguson’s motion to
reduce. Case: 15-12694 Date Filed: 04/01/2016 Page: 3 of 44 W e AFFIRM the de nial of Ferguson’s third motion to reduce his sentence. Case: 15-12694 Date Filed: 04/01/2016 Page: 4 of 4