U.S. v. Stevens

Full title: United States of America, v. Delton Scott Stevens, Defendant

Court: United States District Court, D. South Carolina, Spartanburg Division

Date published: Jun 3, 2008

Cr. No.: 7:90-cr-00310 (D.S.C. Jun. 3, 2008)

Opinion

Cr. No.: 7:90-cr-00310.

June 3, 2008

ORDER (Written Opinion)

G. ANDERSON JR., District Judge

18 U.S.C. § 3582(c)(2) Order for Sentence Reduction

This matter comes before the Court on the defendant's motion for a reduction in the term of imprisonment imposed based on a guideline sentencing range that has subsequently been lowered and made retroactive by the United States Sentencing Commission (the Commission) pursuant to 28 U.S.C. § 994(u).

Background

The defendant's motion is based on Amendment 706 to the United States Sentencing Guideline (U.S.S.G.) § 2D1.1(c). This amendment adjusts the base offense level assigned to each threshold quantity of cocaine base, or "crack cocaine," downward by two levels. U.S.S.G. App. C, Amend. 706 (Nov. 1, 2007). On December 11, 2007, the Commission voted to add this amendment to the list of amendments in U.S.S.G. § 1B1.10(c) that may be applied retroactively. As this amendment became effective on March 3, 2008, this matter is now ready for disposition.

Standard of Review

Defendant brings this claim pro se. This Court is required to construe pro se pleadings liberally. Such pleadings are held to a less stringent standard than those drafted by attorneys. Gordon v. Leeke, 574 F.2d 1147, 1151 (4th Cir. 1978). This Court is charged with liberally construing a pleading filed by a pro se litigant to allow for the development of a potentially meritorious claim. Boag v. MacDougall, 454 U.S. 364, 365 (1982).

Discussion

The defendant was last sentenced on September 24, 1999, with the following sentencing range:38 III 292-365

Total Offense Level: Criminal History Category: Months Imprisonment: Taking into consideration these guidelines, the Court sentenced the defendant to 292 months. This sentence was within the range indicated by the guidelines. Further, the defendant's sentence was not reduced pursuant to U.S.S.G. § 5K1.1, Rule 35, or a variance under 18 U.S.C. § 3553(a), and it was rendered before the Supreme Court's decision in United States v. Booker, 543 U.S. 220 (2005).

After taking into account the amendments to §§ 1B.10 2D1.10, the Court finds that the amended sentencing range remains:38 III 292-365

Total Offense Level: Criminal History Category: Months Imprisonment: The amended guidelines range is the same because the amount of crack cocaine used for guideline purposes was 18 kilograms. The total offense level for that amount of cocaine base was not affected by the recent guideline amendments; therefore, Defendant's sentencing range did not change. This Court will not consider any guideline decision from the previous sentencing that was unaffected by the recent amendment. U.S.S.G. § 1B1.10(b)(1).

Conclusion

Having calculated and considered the revised sentencing guidelines, specifically the provisions of §§ 2D1.1(c) and 1B1.10, effective March 3, 2008, and having also considered the relevant statutory sentencing factors contained in 18 U.S.C. § 3553(a) and the advisory nature of the Sentencing Guidelines, it is the judgment of the Court that Defendant's sentence of 292 months not be reduced. This is a sentence within the revised, advisory guidelines range. Except as provided by this Order, all provisions of the defendant's previous sentence dated September 24, 1999, remain in full force.

IT IS THEREFORE ORDERED THAT the defendant's motion be DENIED.

IT IS SO ORDERED.

NOTICE OF RIGHT TO APPEAL

Pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure, the defendant has the right to appeal this Order within ten (10) days from the date of its entry. Failure to meet this deadline, as modified by Rule 4 of the Federal Rules of Appellate Procedure, will waive the right to appeal.