United States v Gay

Gay filed an 18 USC 3582 motion seeking a reduced sentence. The district court ruled the amount of drugs involved was too high for Gay to benefit from reductions in crack cocaine cases and denied his motion. The panel affirmed. It held that the district court properly denied the motion based on the drug weight, that 3582 motions cannot be used to collaterally attack the original sentence and in any event Gay’s constitutional challenges to the disparity between crack and powder cocaine sentences have been rejected in earlier cases.

Brown v Parker

Brown was sentenced in two cases to concurrent terms of two years. He expected both sentences to end on the same day. Instead, he completed one sentence and was released after the second term was completed. Brown sued under 42 USC 1983 arguing he was not released on the correct date and thus was illegally held. The district court dismissed his claim and the panel affirmed. It held that because Oklahoma does not allow coterminous sentences, the order of the second sentencing judge to end both sentences at the same time was void and Brown properly served the correct amount of time. Alternatively, Brown was released before the maximum time to be served on first sentence, Brown suffered no harm and the claim thus failed.