KIMBERLY J. MUELLER, District Judge.
Defendant Lisa Michelle Elliott, proceeding pro se,
On February 19, 2014, defendant pleaded guilty to use of a telephone to facilitate the offense of possession with intent to distribute methamphetamine in violation of 21 U.S.C. § 843 (b). See ECF No. 6, 94. On April 9, 2014, defendant was sentenced to 36 months in prison. ECF No. 101.
The authority of the district courts to modify a prison sentence is governed by 18 U.S.C. § 3582, which provides in relevant part:
18 U.S.C. § 3582(c).
As the Ninth Circuit recognizes, "[t]he Supreme Court has clarified that section 3582(c)(2) requires a two-step inquiry." United States v. Dunn, 728 F.3d 1151, 1155 (9th Cir. 2013) (citing Dillon v. United States, 560 U.S. 817, 827 (2010)). "First, a district court must determine whether a prisoner is eligible for a sentence modification under the Commission's policy statement in U.S.S.G §1B1.10." Id. (citing Dillon, 560 U.S. at 827). This is done "by `"determin[ing] the amended guideline range that would have been applicable to the defendant" had the relevant amendment been in effect at the time of the initial sentencing.' Dillon, 130 S.Ct. at 2691 (quoting §1B1.10(b)(1))." Dunn, 1155 n.3. Generally, §1B1.10 precludes reduction of a term of imprisonment below the minimum of the amended guideline range. Id. However, U.S.S.G. §1B1.10(b)(2)(B) authorizes a reduction below the amended guideline range for a defendant whose original sentence was below the applicable guideline range based on substantial assistance to the government.
Here, defendant's commitment offense involved 65 grams of methamphetamine (actual). ECF No. 100, Presentence Investigation Report (PSR) ¶ 14 (sealed). At the time of defendant's sentencing, the sentencing guidelines provided a base offense level of 32 for that amount of methamphetamine. PSR ¶ 15; U.S.S.G. §2D1.1(c)(4)(2013).
Amendment 782 lowered to 30 the base offense level for 65 grams of actual methamphetamine. U.S.S.G. §2D1.1(c)(4)(2014). This has the effect of reducing defendant's base offense level to 27. With a criminal history category of II, the amended sentencing guideline range is 78 to 97 months in prison. U.S.S.G. Sentencing Table (2014). As discussed in this order, the guideline term for defendant's offense was below that range, and defendant was sentenced below the guideline term of 48 months based on the plea agreement in this case. Although Amendment 782 lowered the base offense level for defendant's commitment offense, her sentence was well below the guideline range calculated with reference to that base offense level. No reduction in her sentence is authorized.
For all of the foregoing reasons, IT IS HEREBY ORDERED that defendant Lisa Michelle Elliott's motion to reduce sentence, ECF No. 112, is denied.