Opinion
DOCKET NO.: 6:98-cr-60027-02
05-12-2017
UNITED STATES OF AMERICA v. JOSEPH ROBICHEAUX
JUDGE PATRICIA MINALDI
MAG. JUDGE MICHAEL HILL MEMORANDUM ORDER
Presently before the court is a Motion for Retroactive Application of Sentencing Guidelines to Crack Cocaine Offense (Rec. Doc. 368). For the following reasons, the motion will be DENIED.
On October 14, 1998, Robicheaux was sentenced to 285 months after he was found guilty of conspiring to possess with intent to distribute crack-cocaine in violation of 21 U.S.C. §846. Based on the pre-sentence report, the court determined that the defendant was accountable for 36.5 kilograms of crack-cocaine. Under the 1998 Guidelines, this gave the defendant a base offense level of 38. Robicheaux now moves to lower his sentence under 18 U.S.C. §3582(c)(2) based on the retroactive 2014 amendments made to U.S.S.G. §2D1.1, the Drug Quantity Table. The defendant argues that he could have been accountable for only 24 kilograms of crack-cocaine which would entitle him to a two-point reduction in his base offense level under the amendments. However, the sentencing court specifically found, when overruling one of the defendant's objections, that he was accountable for 36.5 kilograms of crack-cocaine. Under the new Guideline's Drug Quantity Table, 36.5 kilograms of crack-cocaine would result in the same base offense level—38. The amendments to the Drug Quantity Table do not affect the defendant's base offense level or Guidelines range. Therefore, Robicheaux is not entitled to a two-point reduction under 18 U.S.C. §3582. Accordingly,
Judgment (Rec. Doc. 271) (filed under seal).
Memo. in Support (Rec. Doc. 375), p. 2. --------
IT IS ORDERED that Robicheaux's Motion for Retroactive Application of Sentencing Guidelines to Crack Cocaine Offense (Rec. Doc. 368) is DENIED.
SIGNED at Alexandria, Louisiana, this 12th day of May, 2017.
/s/ _________
DEE D. DRELL, CHIEF JUDGE
UNITED STATES DISTRICT JUDGE