Opinion
CASE NO.: 8:01-cr-271-T-23MAP.
April 7, 2008
ORDER
The United States Sentencing Commission promulgated Amendment 706, which lowers the base offense level for a cocaine base ("crack" cocaine) offense by two levels for an eligible defendant sentenced on or after November 1, 2007. Effective March 8, 2008, the Commission applied this amendment retroactively to a defendant sentenced before November 1, 2007. Tyrone Cornelius Taylor, an inmate sentenced before November 1, 2007, moves (Doc. 112) pro se pursuant to 23 U.S.C. § 3582(c)(2) and Section 1B1.10, United States Sentencing Guidelines, for a two-level reduction in his base offense level. The United States responds (Doc. 121).
Taylor is a career offender pursuant to Section 4B1.1 of the Sentencing Guidelines with a total offense level of 37. At the 2002 sentencing Taylor's guideline offense level was 31 (after a three-level reduction under Section 5K1.1 and a three-level reduction for acceptance of responsibility.)
Section 1B1.10(a)(2)(B) provides that a reduction in sentence is "not consistent with this policy statement and therefore is not authorized . . . under 28 U.S.C. § 3582(c)(2) if . . . an amendment listed in subsection (c) does not have the effect of lowering the defendant's applicable guideline range." Because the defendant's sentence was based on a career offender enhancement pursuant to Section 4B1.1, Amendment 706 does not lower the defendant's applicable guideline range, and a reduction would be inconsistent with the policy statements issued by the Sentencing Commission.
Taylor's motion for a reduction of sentence (Doc. 112) is DENIED.
The Clerk shall furnish a copy of this order to the United States Attorney, the United States Probation Office, and the defendant.
ORDERED in Tampa, Florida.