Opinion
NO. 1:06-CR-103-1.
February 10, 2009
OPINION AND ORDER
This matter is before the Court on Defendant's Motion to Modify Term of Imprisonment (doc. 552) and the government's Response (doc. 574).
On August 16, 2007, Defendant pled guilty to Count One of the Indictment charging him with conspiracy to distribute and possess with intent to distribute in excess of five kilograms of cocaine in violation of 21 U.S.C. §§ 846, 841(a)(1) 841(b)(1)(A) (doc. 459). On December 6, 2007, the Court sentenced Defendant to 108 months in prison (doc. 527). Defendant now requests reduction of his sentence, arguing Amendments 706 and 711 to the Sentencing Guidelines lower his sentencing base level by two levels (doc. 552). The government urges the Court not to modify Defendant's sentence because neither amendment applies to cocaine convictions (doc. 574).
The Court may only reduce a defendant's sentence when such a reduction is consistent with the applicable policy statement of the Sentencing Commission. 18 U.S.C. § 3582(c)(2). Sentence reduction is inappropriate when amendments do not apply to a defendant. U.S.S.G. § 1B1.10(a)(2) app. note 1(A) ("Eligibility for consideration under 18 U.S.C. § 3582(c)(2) is triggered only by an amendment listed in subsection (c) that lowers the applicable guideline range"). Amendment 706, as amended by Amendment 711, does not pertain to cocaine convictions, but rather to cocaine base ("crack") convictions (doc. 574). Reduction of Defendant's sentence is therefore inappropriate.
Accordingly, the Court DENIES Defendant's Motion to Modify Term of Imprisonment (doc. 552). This matter is CLOSED.
SO ORDERED.
Exhibit