Filed: Mar. 01, 2017
Latest Update: Mar. 01, 2017
Summary: ORDER MARCIA MORALES HOWARD , District Judge . Before the Court is Defendant Jeffrey Deshawn Collins's "Motion for Reduction of Sentence Under 18 U.S.C. 3582(c)(2) in Light of Amendment 782 of the United States Sentencing Guidelines." (Doc. 50, Motion). 1 The United States responded in opposition. (Doc. 53, Response). The United States Probation Office and the United States Attorney each contend that Collins is not eligible for a sentence reduction under Amendment 782 because his senten
Summary: ORDER MARCIA MORALES HOWARD , District Judge . Before the Court is Defendant Jeffrey Deshawn Collins's "Motion for Reduction of Sentence Under 18 U.S.C. 3582(c)(2) in Light of Amendment 782 of the United States Sentencing Guidelines." (Doc. 50, Motion). 1 The United States responded in opposition. (Doc. 53, Response). The United States Probation Office and the United States Attorney each contend that Collins is not eligible for a sentence reduction under Amendment 782 because his sentenc..
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ORDER
MARCIA MORALES HOWARD, District Judge.
Before the Court is Defendant Jeffrey Deshawn Collins's "Motion for Reduction of Sentence Under 18 U.S.C. § 3582(c)(2) in Light of Amendment 782 of the United States Sentencing Guidelines." (Doc. 50, Motion).1 The United States responded in opposition. (Doc. 53, Response). The United States Probation Office and the United States Attorney each contend that Collins is not eligible for a sentence reduction under Amendment 782 because his sentence did not depend on the drug quantity table set forth in U.S.S.G. § 2D1.1. Instead, Collins's base offense level was set by U.S.S.G. § 2K2.1, which governs firearm offenses, and his ultimate Sentencing Guidelines range was based on an enhancement for being an armed career criminal under 18 U.S.C. § 924(e) and U.S.S.G. § 4B1.4. Response at 2; (Doc. 47, Amendment 782 Memorandum at 1).
The Court has reviewed the presentence investigation report and the Amendment 782 Memorandum from the United States Probation Office. The record confirms that U.S.S.G. § 2K2.1 determined Collins's base offense level, and that his Sentencing Guidelines range was based on his status as an armed career criminal, not the drug quantity table in § 2D1.1(c). Amendment 782 Memorandum at 13-14.2
Amendment 782 only affects sentences determined by the application of the § 2D1.1(c) drug quantity table. See U.S.S.G. App. C, Amend. 782 (2014). Where, as here, a retroactively applicable Guideline amendment does not alter the sentencing range upon which a defendant's sentence was based, § 3582(c)(2) does not authorize a reduction in sentence. United States v. Moore, 541 F.3d 1323, 1330 (11th Cir. 2008); U.S.S.G. § 1B1.10(a)(2)(A) (a reduction is not permitted if an amendment "is inapplicable to the defendant."); U.S.S.G. § 1B1.10(a)(2)(B) (a reduction is not permitted if an amendment "does not have the effect of lowering the defendant's applicable guideline range.").
Accordingly, it is hereby
ORDERED:
Defendant Jeffrey Deshawn Collins's "Motion for Reduction of Sentence Under 18 U.S.C. § 3582(c)(2) in Light of Amendment 782 of the United States Sentencing Guidelines" (Doc. 50) is DENIED.
DONE AND ORDERED.
