Opinion
No. 00-40061-02-SAC.
December 12, 2001
MEMORANDUM AND ORDER
The case comes before the court on the defendant Alma Trejo's motion under 18 U.S.C. § 3582(c)(2) for reduction of sentence based on a guideline amendment effective November 1, 2000. (Dk. 156). On February 23, 2001, the defendant was sentenced to 78 months of imprisonment on her conviction for possession with intent to distribute approximately 3.5 kilograms of cocaine in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B). (Dk. 120). The defendant's presentence report determined a guideline range of 78 to 97 months from a total offense level of 28 and a criminal history category of one. The defendant's total offense level was the same as her base offense level that had been determined from the amount of cocaine involved in the case. The defendant received no adjustments for offense characteristics, role in the offense, obstruction, or acceptance of responsibility.
As she concedes in the handwritten portion of her motion, the defendant was sentenced for her drug trafficking conviction, and she received no enhancement under U.S.S.G. § 2K2.1(b)(5). Nonetheless, the defendant's motion in the typewritten portion asks that she receive relief because the guidelines were amended in November of 2000 such that "when the defendant is convicted of being a felon in possession under § 2K2.1(b)(5) would not apply." (Dk. 156, p. 2).
By the terms of 18 U.S.C. § 3582(c)(2), a court may modify a term of imprisonment that has been imposed "in the case of a defendant who has been sentenced to a term of imprisonment based on a sentencing range that has subsequently been lowered by the Sentencing Commission . . . ." The court is unsure which guideline amendment is being referenced by the defendant's motion. The court, however, is confident that the amendment described in her motion has no impact on her case, as she was not convicted of being a felon in possession of a firearm and she received no enhancements pursuant to U.S.S.G. § 2K2.1. The court finds no merit to the defendant's motion.
IT IS THEREFORE ORDERED that the defendant Alma Trejo's motion under 18 U.S.C. § 3582(c)(2) for reduction of sentence (Dk. 156) is denied.