MEMORANDUM AND ORDER

J. PHIL GILBERT, District Judge.

This matter comes before the Court on consideration of defendant Sheri L. Gunter-Perkins' prospects for a reduction of her criminal sentence pursuant to 18 U.S.C. § 3582(c)(2) and United States Sentencing Guidelines Manual ("U.S.S.G.") § 1B1.10. Counsel, who has appeared for the defendant on a voluntary basis, has moved to withdraw on the grounds that the defendant has already received the benefit of amendments to the sentencing guidelines (Doc. 45). The Government has responded to counsel's motion (Doc. 47). The defendant has not, although she was allowed an opportunity to do so.

The defendant pled guilty to two counts of possessing a listed chemical knowing it would be used to manufacture a controlled substance. At sentencing, the Court adopted the presentence investigation report's relevant conduct finding of 208.18 grams of pseudoephedrine, see PSR ¶ 8, which under U.S.S.G.1 § 2D1.1 yielded a base offense level of 32. The defendant's offense level was reduced by 3 points under U.S.S.G. § 3E1.1(a) and (b) because the defendant accepted responsibility for her crime. This established a total offense level of 29 which, considering the defendant's criminal history category of II, yielded a sentencing range of 97 to 121 months in prison. The Court granted the defendant's motion for a downward variance from the guideline range and sentenced the defendant to 60 months in prison.

The Government later moved for a sentence reduction pursuant to Federal Rule of Civil Procedure 35(b). In response, the defendant requested a larger reduction than the Government had requested in order to reflect retroactive changes to the guidelines that had become effective after her sentencing. Specifically, Amendment 782 amended U.S.S.G. § 2D1.11(d) as of November 1, 2014, to lower some base offense levels associated with various relevant conduct drug amounts. The relevant parts of Amendment 782 are retroactive but cannot become retroactively effective until November 1, 2015. See U.S.S.G. § 1B1.10(d) & (e)(1) (2014). The Court reduced the defendant's sentence pursuant to Rule 35(b) to 30 months to reflect her likely entitlement to a reduction because of Amendment 782.

The issue in the pending motion is whether Gunter-Perkins should receive a sentence reduction under 18 U.S.C. § 3582(c)(2). That provision allows the Court to reduce a defendant's previously imposed sentence where "a defendant . . . 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). . . ." In doing so, the Court must consider the factors set forth in 18 U.S.C. § 3553(a) and must ensure that any reduction "is consistent with applicable policy statements issued by the Sentencing Commission." 18 U.S.C. § 3582(c)(2). Thus, a defendant urging a sentence reduction under § 3582(c)(2) must satisfy two criteria: (1) the Sentencing Commission must have lowered the applicable guideline sentencing range, and (2) the reduction must be consistent with applicable policy statements issued by the Sentencing Commission.

The defendant satisfies the first criterion because she was "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)." 18 U.S.C. § 3582(c)(2). Amendment 782 amended U.S.S.G. § 2D1.11(d) as of November 1, 2014, to lower the base offense levels associated with various drug amounts. The amendment reduced the defendant's base offense level from 32 to 30. Her total offense level then fell from 29 to 27, yielding a lower sentencing range of 78 to 97 months.

However, the defendant does not satisfy the second criterion because allowing a reduction would be inconsistent with the applicable policy statement, U.S.S.G. § 1B1.10 (2014). That section provides that the guideline range reduction contained in Amendment 782 may be applied retroactively pursuant to 18 U.S.C. § 3582(c)(2) to reduce previously imposed sentences with certain limitations. U.S.S.G. § 1B1.10(a)(1) & (d) (2014). One of those limitations is that the Court may not reduce a defendant's term of imprisonment to a term that is lower than the amended guideline range unless Court decided to impose a below-guideline sentence as a result of the Government's request for a lower sentence due to the defendant's substantial assistance to the Government. U.S.S.G § 1B1.10(b)(2)(A) & (B) (2014). The defendant's original term of imprisonment (60 months) and her reduced term (30 months) are lower than the amended guideline range (78 to 97 months), so any further reduction would also be lower than the amended guideline range. However, since the Court's original decision to sentence the defendant below the original guideline range was not a result of a Government motion based on the defendant's substantial assistance, a further reduction would be inconsistent with U.S.S.G § 1B1.10(b)(2)(A) & (B) (2014). Therefore, the Court cannot reduce the defendant's sentence.

Even if the defendant were eligible for a reduction under 18 U.S.C. § 3582(c)(2), the Court would exercise its discretion to deny the reduction request. The defendant has already received a benefit from Amendment 782 through a larger reduction pursuant to Rule 35 than the Court would have ordinarily given.

For the foregoing reasons, the Court GRANTS counsel's motion to withdraw (Doc. 45) and ORDERS that counsel is WITHDRAWN from this case. The Clerk of Court is hereby DIRECTED to mail a copy of this order to defendant Sheri L. Gunter-Perkins, Reg. No. 10053-02, FPC-Alderson, Federal Prison Camp, Glen Ray Rd. Box A, Alderson, WV 24910.

IT IS SO ORDERED.