Opinion
CASE NO. 05-80435.
January 18, 2008
OPINION AND ORDER
I. INTRODUCTION
Before the Court is Movant's Motion to Modify Sentence (Doc. No. 16) in light of Sentencing Commission Amendment 706, approved Dec. 11, 2007, which allows courts to apply the Sentencing Guidelines' crack cocaine penalty reduction retroactively. Under 18 U.S.C. § 3582, the Court is authorized to modify the sentence 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." 18 U.S.C. § 3582(c)(2). Section 1B1.10(c) of the Sentencing Guidelines lists the applicable Sentencing Commission amendments under which a reduction is appropriate. U.S. SENTENCING GUIDELINES § 1B1.10(c).
Sentencing Commission Amendment 706 permits Courts to adjust older crack cocaine sentences downward in accordance with a recent amendment to the Sentencing Guidelines lessening the severity of crack cocaine offenses. Amendment 706, however, does not become effective until March 3, 2008, and thus is not currently included in § 1B1.10(c) of the Sentencing Guidelines. To the extent that Movant's motion is based on Amendment 706, he cannot be granted relief until Amendment 706 is listed as an applicable basis for adjustment in § 1B1.10(c).
Because Movant's motion was entered prior to the effective date of the Sentencing Guidelines amendment under which he seeks relief, the Court has no choice but to DISMISS Movant's Motion to Modify Sentence.
Accordingly, IT IS HEREBY ORDERED that Movant's Motion to Modify Sentence is DISMISSED.