Opinion
CASE NO. 1:06-cr-00018-MP-AK.
December 29, 2008
ORDER
This matter is before the Court on Doc. 96, Mr. Thomas' motion under 18 U.S.C. § 3582(c)(2) to reduce his sentence pursuant to Amendments 706, 711 and 715 to the Sentencing Guidelines. The motion is denied for two reasons. First, Mr. Thomas was sentenced as a career offender. Thus, even after the amendments his adjusted offense level is 37. Because the amendment does not lower the guideline range applicable to this defendant, § 1B1.10(a)(1) does not permit the Court to reduce the original sentence. Additionally, the Defendant escaped a mandatory minimum sentence of life by obtaining a substantial assistance motion. His original sentence, 96 months, was also below the bottom of his Guidelines range. This sentence represented the discretion of the Court taking into account all the circumstances of the case, once the Court was free of the Guidelines and the statutory mandatory minimum. Accordingly it is hereby
ORDERED AND ADJUDGED:
DONE AND ORDERED.
No reduction pursuant to 18 U.S.C. § 3582(c)(2) is appropriate, and the motion at Doc. 96 is denied.