Summary
reducing term of imprisonment to 205 months — "145 months for Count One, and 60 months, to run consecutively, for Count Two"
Summary of this case from U.S. v. MartinOpinion
C/A No.: 6:94-CR-238-1.
April 8, 2008
ORDER (Written Opinion)
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.
Discussion
The defendant was last sentenced on March 15, 1996, with the following sentencing range for Count One of her indictment:34 I 151-188 Total Offense Level: Criminal History Category: Months Imprisonment: Taking into consideration these guidelines, the Court sentenced the defendant to 180 months on Count One. This sentence represents 96% of the maximum guideline range but is still within the guideline range. The Court also sentenced the defendant to a period of 60 months to run consecutively for Count 2 of her indictment. Therefore, the defendant's total sentence was 240 months. The defendant's consecutive sentence for Count 2 of her indictment, a violation of 18 U.S.C. § 924, was not affected by the recent amendment. 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, for Count One of the defendant's indictment, should be:32 I 121-151
Total Offense Level: Criminal History Category: Months Imprisonment: 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). The Court also notes that 96% of the maximum revised, advisory guidelines is 145 months.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 the defendant's previously imposed sentence be reduced to a term of 205 months — 145 months for Count One, and 60 months, to run consecutively, for Count Two. If this revised sentence is less than the amount of time the defendant has already served, the sentence is reduced to a "Time Served" sentence. See U.S.S.G. § 1B1.10(b)(2)(C) ("in no event may the reduced term of imprisonment be less than the term of imprisonment the defendant has already served."). Except as provided by this Order, all provisions of the defendant's previous sentence dated March 15, 1996, remain in full force.
IT IS THEREFORE SO ORDERED THAT the defendant's previously imposed sentence be reduced to a term of 205 months.
IT IS FURTHER ORDERED THAT this Order become effective 10 days after the date of its entry.
IT IS SO ORDERED.
NOTICE OF RIGHT TO APPEAL
Pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure, the parties have the right to appeal this Order within sixty (60) 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.