Opinion
NO. 1:04-CR-00060(2).
May 13, 2008
OPINION AND ORDER
This matter is before the Court on Defendant's Motion to Reduce Sentence Pursuant to 18 U.S.C. § 3582(c)(2) (doc. 433), and the government's Response in Opposition (doc. 439). For the reasons stated herein, the Court DENIES Defendant's motion.
On July 13, 2006, Defendant was sentenced for one count of conspiracy to distribute and possess with the intent to distribute cocaine, in violation of 21 U.S.C. § 846 and 841(b)(1)(A) (doc. 364). Defendant now moves, pursuant to 18 U.S.C. § 3582(c)(2), for an order reducing his sentence based on the lowered sentencing guideline range, made retroactive by the United States Sentencing Commission pursuant to 28 U.S.C. § 994(u) (doc. 95).
In considering Defendant's request, the Court must first determine whether he is eligible for a reduction in sentencing. Having reviewed this matter, the Court finds that Defendant is not eligible for a reduction for the simple reason that Defendant entered a plea of guilty to an offense involving powder cocaine, not cocaine base or crack, and therefore he was not sentenced pursuant to the portions of Section 2D1.1 altered by the Sentencing Commission's Amendment 706. Under 18 U.S.C. § 3582(c)(2), a defendant's sentence may only be reduced when he was "sentenced to a term of imprisonment based on a sentencing range that has subsequently been lowered by the Sentencing Commission."
Therefore, because Defendant is not eligible for a reduction in sentencing, the Court DENIES Defendant's Motion to Reduce Sentence Pursuant to 18 U.S.C. § 3582(c)(2) (doc. 433).
SO ORDERED.