Opinion
Criminal No. 07-207 (RJL).
February 25, 2010
MEMORANDUM ORDER [# 22]
This matter comes before the Court on defendant Russell Palmer's motion to reduce his sentence pursuant to 18 U.S.C. § 3582(c). In support of his motion, Palmer points to Amendment 706, which reduced the base offense level for certain crimes involving crack cocaine.
U.S.S.G. App'x C Supplement, Amendment 706 (Nov. 1, 2007).
Palmer's motion must be summarily denied. First, as the Government points out, he was sentenced after Amendment 706 was enacted. Indeed, Palmer was sentenced on May 8, 2008, while Amendment 706 became active roughly five months earlier. Therefore, Palmer cannot avail himself of 18 U.S.C. § 3582(c)(2), which allows for a sentence reduction only if the defendant was sentenced based on a range that was subsequently lowered by the Sentencing Commission. Moreover, Palmer was sentenced pursuant to a statutory mandatory minimum. Accordingly, he is "ineligible for relief under section 3582(c)(2)." United States v. Cook, ___ F.3d ___, 2010 WL 481270 at *6 (D.C. Cir. Feb. 12, 2010).
For these reasons, it is hereby
ORDERED that defendant's Motion for Modification of Term of Imprisonment Under Title 18 U.S.C. Section 3582(c) and U.S.S.G. Section 1B1.10 [# 22] is DENIED.