Opinion
Case No.: 1:06-cr-32 (WLS)
04-12-2013
UNITED STATES OF AMERICA, v. KENYONDUS HUDSON, Defendant.
ORDER
Defendant Keyondus Hudson moves the Court for a reduction of his sentence based on the retroactive amendments to the Fair Sentencing Act promulgated in the wake of the Fair Sentencing Act of 2010. (Doc. 38.) Under 18 U.S.C. § 3582(c)(2), a court may reduce a sentence retroactively lowered by the United States Sentencing Commission, "if such a reduction is consistent with applicable policy statements issued by the Sentencing Commission." § 3582(c)(2). Although Amendment 750 permits a Court to lower sentences based on the reduced crack cocaine offense levels in Section 2D1.1, the United States Sentencing Guidelines policy statement provides that "[i]n no event may the reduced term of imprisonment be less than the term of imprisonment the defendant has already served." U.S.S.G. § 1B1.10(b)(2)(C).
In this case, the Court sentenced Hudson to thirty-seven months' imprisonment on December 18, 2007. (Docs. 30, 32.) The Court imposed that sentence to run concurrently to a 212-month sentence in Case No. 1:05-cr-53 and a sentence imposed in Dougherty County, Georgia Superior Court. (Doc. 32.) Hudson's concurrent sentence commenced at the latest on the date he entered custody following the imposition of his sentence. Coloma v. Holder, 445 F.3d 1282, 1284 (11th Cir. 2006). More than forty-six months have passed since that date and the date he filed the instant motion to reduce sentence. (See Docket.) Accordingly, because the Court cannot reduce a term of imprisonment to less than the time already served, § 1B1.10(b)(2)(C), Hudson's motion to reduce sentence (Doc. 38) is DENIED.
Hudson's Motion to Appoint Counsel and motion to proceed in forma pauperis (Docs. 38, 39) are also DENIED as moot.
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THE HONORABLE W. LOUIS SANDS,
UNITED STATES DISTRICT COURT