RICHARD W. ROBERTS, Chief Judge.
Defendant Joseph Jones moves pro se under 18 U.S.C. § 3582(c) for a reduction of his sentence for distributing crack cocaine claiming that the sentencing guidelines range upon which his sentence was based was later lowered and made retroactive to his case by Amendment 750 to the U.S. Sentencing Guidelines ("U.S.S.G."). Pet. for Reduction of Sentence under the Fair Sentencing Act of 2010 ("Def's Mot. to Reduce") at 1. The government opposes Jones' motion arguing that Jones is not eligible for a reduced sentence under Amendment 750 because his sentence was based upon his "career offender" status for which the sentencing guidelines range was not lowered. Gov't Opp'n to Def.'s Pet. for Reduction of Sentence under the Fair Sentencing Act of 2010 ("Gov't Opp'n") at 1, 4-5. Because the factors under 18 U.S.C. § 3553(a) that must be considered in deciding Jones' reduction motion were fully considered when Jones was given his original sentence which reflected a downward departure from the then-applicable sentencing range and do not weigh in favor of reducing Jones' sentence further, the motion will be denied.
A jury found Jones guilty of two counts of unlawful distribution of less than 5 grams of crack cocaine in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(C). See Judgment, ECF No. 1269 at 1. The applicable guidelines range for Jones at the time of sentencing was 324 to 405 months of imprisonment based upon Jones' status as a career offender under U.S.S.G. § 4B1.1 with an offense level of 36 and a criminal history category of VI. See Jones' Presentence Investigation Report ("PSR") at ¶ 77; United States v. Ball et al., 962 F.Supp.2d 11, 13 (D.D.C.2013) ("[Jones'] guidelines range was 324 to 405 months imprisonment."). However, the Court departed downward from the applicable range to the range of 168 to 210 months represented by an offense level of 31 and a criminal history category of V. See 5/1/2008 Sentencing Tr., ECF No. 1281 at 52:2-12. The departure resulted from concerns about the disparity between
District courts may modify sentences only in limited circumstances. Under 18 U.S.C. § 3582(c)(2), a district court may modify a term of imprisonment
18 U.S.C. § 3582(c)(2). The Fair Sentencing Act of 2010 and Amendment 750 to the sentencing guidelines lowered the sentencing range for drug offenses involving crack cocaine. U.S.S.G. App. C., Vol. III, Amend. 750 ("Amend. 750"). However, Amendment 750 states that crack cocaine sentences imposed "pursuant to §§ 4B1.1 (Career Offender) and 4B1.4 (Armed Career Offender) . . . result in sentencing guideline ranges that are unaffected by a reduction in the Drug Quantity Table." Id.
The parties divide principally over whether Jones is eligible for a sentence reduction. The government argues that Jones is ineligible under § 3582(c)(2) for a sentence reduction in part because his sentence was not based upon a sentencing range that has subsequently been lowered, a prerequisite to modifying a sentence under § 3582(c). Rather, the government asserts, Jones was sentenced based upon the sentencing range that resulted from the application of the career offender guideline adjustment, a range that has not been lowered. Gov't Opp'n at 3.
Nor does Berry seem to present an insurmountable hurdle to Jones. Berry held that for a defendant who concededly was a career offender but received an agreed-upon sentence under Fed. R. Crim. P. 11(c)(1)(C)
There is no need to resolve the question of Jones' eligibility under § 3582(c)(2) for a sentence reduction because no sentence reduction is warranted here under the 18 U.S.C. § 3553(a) factors that § 3582(c)(2) requires a court to consider. Those factors include, among others, "the nature and circumstances of the offense," "the history and characteristics of the defendant," "the need for the sentence imposed to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense," "the need for the sentence imposed to afford adequate deterrence to criminal conduct," and "the need to protect the public from further crimes of the defendant." See 18 U.S.C. § 3553(a).
At sentencing, the Court considered all of those factors and others. Jones, along with at least twelve others, sold crack cocaine in the Congress Park neighborhood of the District of Columbia from 1992 to 2005. See 5/1/2008 Sentencing Tr. at 50:7-13; PSR ¶¶ 6, 19-49. This drug trafficking endangered the community and aided the addiction of an untold number of people in the District of Columbia area. Jones also participated in a variety of violent acts in furtherance of this concerted drug trafficking activity. See 5/1/2008 Sentencing Tr. at 50:7-13, 51:1-2; PSR ¶¶ 41-43. However, as is stated above, the Court also considered the unwarranted disparity between crack cocaine and powder cocaine sentencing penalties, how the high career criminal history category and sentencing range overrepresented the gravity of Jones' conviction record and quantity of crack that the jury found Jones had sold, and mitigating factors in Jones' background. The Court found a downward departure to a sentence of 180 months of imprisonment to be fair and just after considering all § 3553(a) factors, fully anticipating that Jones would heed the Court's admonition to try to improve himself. He has submitted evidence that he has commendably done so, although that evidence does not warrant a further reduction
ORDERED that Jones' Petition for Reduction of Sentence under the Fair Sentencing Act of 2010 [1531] be, and hereby is, DENIED.