Filed: Nov. 12, 2015
Latest Update: Nov. 12, 2015
Summary: ORDER KIMBERLY J. MUELLER , District Judge . Defendant Christopher Julian Johnson, proceeding pro se 1 , has filed a motion to reduce his sentence pursuant to 18 U.S.C. 3582(c)(2), ECF No. 57. Defendant relies on Amendment 782 to U.S.S.G. 1B1.10, which lowered by two points the base offense level for most drug trafficking offenses. The Amendment applies retroactively to defendants sentenced prior to its effective date. See Serrano v. U.S., 2014 WL 6773237 (E.D. Cal. 2014), slip op. at
Summary: ORDER KIMBERLY J. MUELLER , District Judge . Defendant Christopher Julian Johnson, proceeding pro se 1 , has filed a motion to reduce his sentence pursuant to 18 U.S.C. 3582(c)(2), ECF No. 57. Defendant relies on Amendment 782 to U.S.S.G. 1B1.10, which lowered by two points the base offense level for most drug trafficking offenses. The Amendment applies retroactively to defendants sentenced prior to its effective date. See Serrano v. U.S., 2014 WL 6773237 (E.D. Cal. 2014), slip op. at ..
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ORDER
KIMBERLY J. MUELLER, District Judge.
Defendant Christopher Julian Johnson, proceeding pro se1, has filed a motion to reduce his sentence pursuant to 18 U.S.C. § 3582(c)(2), ECF No. 57. Defendant relies on Amendment 782 to U.S.S.G. § 1B1.10, which lowered by two points the base offense level for most drug trafficking offenses. The Amendment applies retroactively to defendants sentenced prior to its effective date. See Serrano v. U.S., 2014 WL 6773237 (E.D. Cal. 2014), slip op. at 1. Although directed to do so, see ECF No. 60, the government has not filed a response to defendant's motion. After consideration of the moving papers and the arguments, of counsel, the court hereby grants defendant's motion.
On April 3, 2013, defendant pleaded guilty to charges of distribution of at least 5 grams (actual) of methamphetamine in violation of 21 U.S.C. § 841(a)(1) and felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). ECF Nos. 1, 39. On July 10, 2013, he was sentenced to 150 months in prison on the drug charge and a concurrent term of 120 months on the felon in possession charge. ECF No. 52.
The authority of the district courts to modify a prison sentence is governed by 18 U.S.C. § 3582, which provides in relevant part:
(2) in the case 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 pursuant to 28 U.S.C. 994(o), upon motion of the defendant . . ., the court may reduce the term of imprisonment, after considering the factors set forth in section 3553(a) to the extent they are applicable, if such a reduction is consistent with applicable policy statements issued by the Sentencing Commission.
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.2
Here, defendant's commitment offense involved 169 grams of actual methamphetamine. PSR ¶ 14.3 At the time of defendant's sentencing, the sentencing guidelines provided a base offense level of 34 for that amount of methamphetamine. PSR ¶ 13; U.S.S.G. §2D1.1(c)(4)(2011).4 Defendant received a two-level enhancement for possession of a firearm, a two-level reduction for acceptance of responsibility, and a one level reduction for timely notification of his intent to enter a guilty plea, making his total offense level 33. PSR ¶¶ 15-20. His criminal history category was IV, PSR ¶ 32, making his sentencing guideline range 188 to 235 month in prison. PSR ¶ 56. At sentencing, the court departed down from the bottom of the guideline range and sentenced defendant to 150 months in prison on the drug offense, with a concurrent 120 month term on the felon in possession offense.5 That downward departure was based on a defense motion that was granted in part, not on a motion by the government.
Amendment 782 lowered to 32 the base offense level for 169 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 29. With a criminal history category of IV, the amended sentencing guideline range is 121 to 151 months in prison. U.S.S.G. Sentencing Table (2014). This court has considered the factors relied on at defendant's original sentencing to reduce his sentence. Based on consideration of those factors, which remain unchanged, the court will reduce defendant's sentence on the drug offense to 121 months in prison, the bottom end of the amended guideline sentencing range for that offense.6
For all of the foregoing reasons, IT IS HEREBY ORDERED that:
1. Defendant Christopher Julian Johnson's motion to reduce sentence, ECF No. 57, is granted;
2. The Clerk of the Court is directed to file the court's July 10, 2013 Statement of Reasons under seal; and
3. Defendant's sentence on his conviction on Count 2 of the Indictment is reduced to 121 months in prison, effective nunc pro tunc to November 1, 2015.
