Opinion
No. 2:01 CR 98
11-26-2012
UNITED STATES OF AMERICA v. BOBBY DAVIS
OPINION AND ORDER
Defendant Bobby Davis moved for a sentence reduction under 18 U.S.C. § 3582(c)(2), as a result of Amendment 750 to the United States Sentencing Guidelines. (DE # 1291.) The court denied that motion on May 31, 2012. (DE # 1314.) In that order, the court determined that defendant was responsible for 3.675 kilograms of crack and concluded:
Under the current guidelines, the 3.675 kilograms of crack that defendant is responsible for results in a base offense level of 36, and a total offense level of 38 (including the two-level increase for the weapons violation). U.S. SENTENCING GUIDELINES MANUAL § 2D1.1(c)(2). A total offense level of 38 combined with a criminal history of I results in a guideline range of 235-293 months. Thus, defendant's applicable guideline range has not changed. His guideline range under Amendment 750 remains, as it was under Amendment 706, 235-293 months.(Id. at 5.)
The court is authorized to reduce a sentence only when a defendant's sentence is "based on a sentencing range that has subsequently been lowered by the Sentencing Commission" and the reduction is "consistent with applicable policy statements issued by the Sentencing Commission." 18 U.S.C. § 3582(c)(2). The relevant policy statement here provides: "A reduction in the defendant's term of imprisonment is not consistent with this policy statement and therefore is not authorized under 18 U.S.C. 3582(c)(2) if . . . [a]n amendment listed in subsection (c) does not have the effect of lowering the defendant's applicable guideline range."U.S. SENTENCING GUIDELINES MANUAL § 1B1.10(a)(2)(B). As explained above, defendant's guideline range is still 235-293 months. Because defendant's guideline range has not been lowered, he does not qualify for a reduction. United States v. Taylor, 627 F.3d 674, 676 (7th Cir. 2010).
Defendant has now filed another motion under Section 3582(c)(2) and Amendment 750. (DE # 1331.) Additionally, the attorney that represented defendant for his initial Section 3582(c)(2) motion based on Amendment 750 has moved to withdraw. (DE # 1333.)
In his motion, defendant makes several arguments as to why he is eligible for a reduced sentence. (DE # 1333.) Defendant, however, has already filed a Section 3582(c)(2) motion based on Amendment 750, and "may not file a second one premised on the same amendment to the guidelines . . . ." United States v. Taylor, No. 12-1468, 2012 WL 4378565, at *1 (7th Cir. 2012); United States v. Redd, 630 F.3d 649, 650-51 (7th Cir. 2011). Therefore, defendant's motion for a reduced sentence is DENIED (DE # 1331), and defendant's counsel's motion to withdraw is GRANTED (DE # 1333.)
SO ORDERED.
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JUDGE JAMES T. MOODY
UNITED STATES DISTRICT COURT