ORDER

LEAN HOLMES, District Judge.

Pending is Defendant's Motion to Reduce Sentence Under 18 U.S.C. § 3582, based on the retroactive application of the United States Sentencing Commission's crack cocaine penalty guideline reduction (Amendment 750).

Not every person sentenced for a crack cocaine offense is eligible for a sentence reduction.1 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 is not serving a sentence based on the drug quantity table, there is no basis for the Court to exercise its discretion to grant a sentence reduction.2

Although the Guidelines were mentioned in the plea agreement, the agreement specifically set out that "[t]he parties agree that the defendant should receive the maximum statutory sentence under Title 18 U.S.C. § 661 of five (5) years imprisonment consecutive to the period of imprisonment he is currently serving in federal custody."3 Defendant was sentenced to 60 months in prison on April 16, 2010,4 based on the agreement that Defendant receive a 60-month sentence, the "maximum statutory sentence." Additionally, as noted in the Government's response, Defendant's plea negotiations involved a superceding information, which significantly lowered Defendant's sentencing exposure.5

Because Defendant's sentence was not based on the drug quantity tables, Defendant is not eligible for a reduction under Amendment 750. Accordingly, Defendant's Motion to Reduce Sentence Under 18 U.S.C. § 3582 (Doc. No. 137) is DENIED.

IT IS SO ORDERED.