U.S. v. Bennett

Full title: UNITED STATES OF AMERICA, Plaintiff, v. JAMES L. BENNETT, Defendant

Court: United States District Court, D. Nebraska

Date published: Jul 21, 2008

CASE NO. 8:05CR426 (D. Neb. Jul. 21, 2008)

Opinion

CASE NO. 8:05CR426.

July 21, 2008

MEMORANDUM AND ORDER

LAURIE CAMP, District Judge

This matter is before the Court on the Defendant's motions to reduce his sentence as a result of Amendment 706 to the crack cocaine guidelines (Filing Nos. 56, 59). The probation office has submitted a worksheet. Defense counsel entered an appearance (Filing No. 61.) The Court has considered the government's response (Filing No. 63).

The Defendant was sentenced in relevant part to concurrent terms of 188 months imprisonment on each of counts II and III of the Indictment. (Filing No. 49.) As a career offender his total offense level under U.S.S.G. § 4B1.1 was 31, his criminal history category was VI, and his guideline range was 188-235 months. (Filing No. 50.)

The Eighth Circuit has stated that a career offender's base offense level is determined under U.S.S.G. § 4B1.1 and not U.S.S.G. § 2D1.1. The sentencing commission lowered the levels under § 2D1.1(c) and did not amend § 4B1.1. United States v. Thomas, 524 F.3d 889, 890 (8^th Cir. 2008). Therefore, the crack cocaine amendments have no effect on this Defendant's case, and his sentence cannot be lowered under the crack cocaine amendments to the guidelines.

IT IS ORDERED that the Defendant's motions to reduce his sentence as a result of Amendment 706 to the crack cocaine guidelines (Filing Nos. 56, 59) are denied.