Opinion
CRIMINAL 1:21-cr-00082-MR-WCM-1
02-05-2024
UNITED STATES OF AMERICA, Plaintiff, v. DONALD EUGENE KING, Defendant.
ORDER
MARTIN REIDINGER, CHIEF UNITED STATES DISTRICT JUDGE
THIS MATTER is before the Court on the Defendant's “Motion for Reduction in Sentence Pursuant to 18 U.S.C. § 3582(c)(2)” [Doc. 64].
The Defendant Donald Eugene King pled guilty pursuant to a written plea agreement with the Government to one count of possession with intent to distribute at least 50 grams of actual methamphetamine, in violation of 21 U.S.C. § 841, and one count of possession of a firearm and ammunition after having been convicted of a felony, in violation of 18 U.S.C. § 922(g)(1). [Docs. 26, 32]. In advance of sentencing, the Court's probation office prepared a Presentence Report, which calculated a total offense level of 31. [Doc. 49: PSR at ¶ 70]. The probation office assessed the Defendant one criminal history point based on a 2015 state conviction for attempted trafficking of opium or heroin. [Id. at ¶¶ 84-86]. Based on a total offense level of 31 and a criminal history category of I, the Defendant's advisory guidelines range was 120 to 135 months. [Id. at ¶ 127]. On May 19, 2022, the Court sentenced the Defendant to a total term of 120 months' imprisonment. [Doc. 58 at 2].
The Defendant, proceeding pro se, now moves for a reduction of his sentence pursuant to Part B of Amendment 821 to the United States Sentencing Guidelines. [Doc. 64].
Part B of Amendment 821, effective November 1, 2023, amended the offense-level calculation for certain zero-point offenders. As revised, § 4C1.1 provides for “a decrease of two levels . . . for offenders who did not receive any criminal history points . . . and whose instant offense did not involve specified aggravating factors.” U.S.S.C. Supp. to App'x, Am. 821 at 242; U.S.S.G. § 4C1.1 (2023). The Sentencing Commission has made Part B, Subpart 1, of Amendment 821 retroactively applicable, authorizing eligible defendants to seek a discretionary sentence reduction under § 3582(c)(2). U.S.S.G. Amend. 825; see U.S.S.G. § 1B1.10(d).
The Defendant, however, is not eligible for relief under Amendment 821. At the time of sentencing, the Defendant was assessed one criminal history point. As such, Part B of Amendment 821 affords him no relief. Accordingly, the Defendant's motion is denied.
IT IS, THEREFORE, ORDERED that the Defendant's “Motion for Reduction in Sentence Pursuant to 18 U.S.C. § 3582(c)(2)” [Doc. 64] is DENIED.
IT IS SO ORDERED.