Opinion
Case No. 03-CR-191.
April 10, 2009
ORDER
On March 11, 2004, the court sentenced James Holmes after he pled guilty to "Being a Felon in Possession of a Firearm." At sentencing, the court determined that Mr. Holmes was an "Armed Career Criminal" under 18 U.S.C. § 924(e), and was therefore subject to a mandatory minimum term of fifteen years in prison. The court accordingly sentenced Mr. Holmes to 180 months to be followed by a five-year period of supervised release.
On March 9, 2009, Mr. Holmes filed a Motion for Reduction in term of imprisonment (Docket #31). Mr. Holmes contended that the court erroneously enhanced his sentence utilizing U.S.S.G. § 4B1.1. The gravamen of his argument is that § 4B1.1 categorizes a defendant as a "Career Offender" when certain conditions are met, one of which is that "the instant offense of conviction is a felony that is either a crime of violence or a controlled substance offense," and that this condition was not met. Indeed, this condition was not met because, as previously stated, he was sentenced for "Being a Felon in Possession of a Firearm," which is not a "crime of violence," per the Sentencing Commissions Amendment 433. Thus, Mr. Holmes seeks to be re-sentenced, without the enhancement being applied.
In addition to being untimely, Mr. Holmes motion is mistaken as to the fundamentals. Mr. Holmes was not held to be a "Career Offender" based on § 4B1.1, he was found to be an "Armed Career Criminal" based on § 4B1.4. The three previous convictions that served as predicates for the enhancement were: a conviction for "Battery by a Prisoner," "Substantial Battery," and "Manufacture or Delivery of Schedule II Narcotics." Thus, the enhancement was properly applied.
Accordingly,
IT IS ORDERED that James Holmes's Motion for Reduction in term of imprisonment (Docket #31) be and the same is hereby DENIED.