U.S. v. Jones

Full title: United States of America, v. Derrick Jones, Defendant

Court: United States District Court, D. South Carolina, Anderson/Greenwood Division

Date published: Apr 10, 2008

C/A No.: 8:01-668-02 (D.S.C. Apr. 10, 2008)

Opinion

C/A No.: 8:01-668-02.

April 10, 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.

Discussion

The defendant was last sentenced on January 25, 2006, with the following sentencing range:29 III 120-135

Total Offense Level: Criminal History Category: Months Imprisonment: The Court sentenced the defendant to 120 months imprisonment, the mandatory minimum for his crime. 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 after 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 should be:27 III 120

Total Offense Level: Criminal History Category: Months Imprisonment:

The statutory minimum is still 120 months. 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, the defendant's motion is DENIED because his current sentence is the mandatory minimum for his crime.

IT IS THEREFORE SO 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 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.