Opinion
02-cr-162-jcs.
June 5, 2008
ORDER
Defendant Antonio Shaw has filed a motion pursuant to 18 U.S.C. § 3582, seeking a modification of the sentence imposed upon him on May 13, 2003. In Judge Shabaz's absence for a medical leave, I am handling defendant's motion.
My review of defendant's file shows that he pleaded guilty to possessing more than five grams of cocaine base (crack cocaine) with intent to distribute it, in violation of 21 U.S.C. § 841(a)(1). At sentencing, defendant had a base offense level of 30, but he was determined to be a career offender as defined in U.S.S.G. § 4B1.1(a). Once that determination was made, defendant's base offense level rose to 34 because the maximum statutory penalty for his crime was 40 years. § 4B1.1(b)(B). With a three-level adjustment for acceptance of responsibility, his total offense level was 31.
Defendant now asks for a reduction in his sentence under Amendment 706 to the Sentencing Guidelines, which recalculates the sentencing ranges for crack cocaine offenses as they relate to the drug equivalency tables in U.S.S.G. § 2D1.1(c). Unfortunately for defendant, the amendment does not apply to him, because his sentence was determined by his status as a career offender and not by drug quantity. Therefore, I must deny his motion for a sentence reduction.
ORDER
IT IS ORDERED that defendant Antonio Shaw's motion for a sentence reduction under 18 U.S.C. § 3582 is DENIED.