Opinion
4:98-CR-00197-WRW.
March 31, 2009
ORDER
Pending is Defendant's Motion to Modify Sentence Under 18 U.S.C. § 3582(c) (Doc. No. 68), based on the retroactive application of the United States Sentencing Commission's crack cocaine penalty reduction amendment.
On May 3, 1999, Defendant pled guilty to distribution of cocaine base, a violation of 21 U.S.C. § 841(a)(1). On September 8, 1999, he was sentenced to 210 months in prison, followed by 5 years supervised release.
Doc. No. 35.
Doc. No. 40.
Not every person sentenced for a crack cocaine offense is eligible for consideration for a sentence reduction. Only those persons currently serving a sentence determined or affected by a sentencing range calculated using the drug quantity table, U.S.S.G. § 2D1.1, are potentially eligible. If a defendant was not sentenced based on the drug quantity table, there is no basis for the Court to exercise its discretion to grant a sentence reduction.
See U.S.S.G. § 1B1.10, Reduction in Term of Imprisonment as a Result of Amended Guideline Range (Policy Statement) (March 3, 2008).
U.S.S.G. § 1B1.10(a)(1).
Defendant's base offense level and sentence were not determined based on the drug quantity table, but rather on his status as a "career offender" under U.S.S.G. § 4B1.1. Therefore, the crack cocaine amendment does not apply.
U.S. v. Clay, 524 F.3d 877, 978-79 (8th Cir. 2008) (holding that a defendant who was sentenced based on his career offender status under § 4B1.1 was not eligible for a sentence reduction under the crack cocaine amendment).
CONCLUSION
After reviewing the case file and based on the findings of fact and conclusions of law above, Defendant's Motion to Modify Sentence Under 18 U.S.C. § 3582(c) (Doc. No. 68) is DENIED.IT IS SO ORDERED.