Opinion
Case No. 1:10-cr-239-01
12-09-2014
UNITED STATES OF AMERICA, Plaintiff, v. LAMONT JOYNER Defendant.
MEMORANDUM OPINION AND ORDER
Defendant Lamont Joyner has filed a motion for modification or reduction of sentence pursuant to 18 U.S.C. §3582(c)(2) based on the modification of the Drug Quantity Table with respect to drug quantity.
Section 3582(c)(2) permits a court to reduce the term of imprisonment of a defendant who has been sentenced based on a sentencing range that has subsequently been lowered by the Sentencing Commission. 18 U.S.C. § 3582(c)(2). Amendment 782 of the United States Sentencing Guidelines modified U.S.S.G. § 2D1.1, the Drug Quantity Table with regard to drug quantity, and U.S.S.G. § 2D2.1(b). These modifications were made retroactive effective November 1, 2014. U.S.S.G. § 1B1.10(c).
However, the defendant is not eligible for a sentence modification because he was sentenced as a career offender. As a career offender, the defendant's sentencing guideline range was calculated under U.S.S.G. § 4B1.1, not under U.S.S.G. § 2D1.1 or 2D2.1. Therefore, Amendment 782 does not retroactively lower the defendant's sentencing guideline range.
Accordingly,
IT IS HEREBY ORDERED that Defendant Lamont Joyner's motion for modification of sentence pursuant to 18 U.S.C. § 3582(c)(2) (ECF No. 29) is DENIED. Date: December 9, 2014
/s/ Paul L. Maloney
Paul L. Maloney
Chief United States District Judge