Opinion
Case No. 89-80757-2.
March 17, 2011
ORDER
This matter is before the Court on Defendant's pro se motion for reduction of sentence in light of the November 1, 2010, amendments to the USSG [dkt 23].
"A court may reduce a term of imprisonment pursuant to [18 U.S.C.] § 3582(c)(2) if the defendant's sentence was based on a sentencing range that has subsequently been lowered by the Sentencing Commission and if a reduction would be consistent with the applicable policy statements in the guidelines." United States v. Smith, 88 Fed. Appx. 71, 72 (6th Cir. 2004) (citing 18 U.S.C. § 3582(c)(2); United States v. Dullen, 15 F.3d 68, 69-70 (6th Cir. 1994)). "Amendments to the guidelines which retroactively lower sentencing ranges and which thus permit a defendant to seek relief under § 3582(c)(2) are listed at USSG § 1B1.10(c)." Smith, 88 Fed. Appx. at 72.
In this case, Defendant was sentenced in April 2009. Defendant now seeks a reduction in his sentence pursuant to Amendment 740 to USSG § 2L1.2, which became effective on November 1, 2010. However, since Amendment 740 was not listed in § 1B1.10(c), the Amendment cannot be given retroactive effect in the context of a 18 U.S.C. § 3582(c)(2) motion.
Accordingly, IT IS HEREBY ORDERED that Defendant's motion [dkt 23] is DENIED.
IT IS SO ORDERED.