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U.S. v. JENKINS, CR 312-004-7. (2015)

Court: District Court, S.D. Georgia Number: infdco20150710935 Visitors: 3
Filed: Jul. 09, 2015
Latest Update: Jul. 09, 2015
Summary: ORDER DUDLEY H. BOWEN , District Judge . Before the Court is Defendant's motion for modification of his sentence under 18 U.S.C. 3582(c)(2). As a general rule, a court may not modify a sentence once it has been imposed. 18 U.S.C. 3582(c). One of the exceptions is that a court may reduce a sentence that was "based on a sentencing range that has subsequently been lowered by the Sentencing Commission pursuant to 28 U.S.C. 944(o)." 18 U.S.C. 3582(c)(2). Section 3582(c)(2) is only trigg
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ORDER

Before the Court is Defendant's motion for modification of his sentence under 18 U.S.C. § 3582(c)(2).

As a general rule, a court may not modify a sentence once it has been imposed. 18 U.S.C. § 3582(c). One of the exceptions is that a court may reduce a sentence that was "based on a sentencing range that has subsequently been lowered by the Sentencing Commission pursuant to 28 U.S.C. § 944(o)." 18 U.S.C. § 3582(c)(2). Section 3582(c)(2) is only triggered by an amendment listed in U.S.S.G. § 1B1.10(c). Defendant cites to Amendment 599, which is a listed amendment.

Amendment 599 was enacted to clarify under what circumstances a weapons enhancement may properly be applied to an underlying offense when the defendant has also been convicted for the use or possession of a firearm pursuant to 18 U.S.C. § 924(c). United States v. Pringle, 350 F.3d 1172, 1179 (11th Cir. 2003). Amendment 599 amended the "Application Notes" to U.S.S.G. § 2K2.4 and is applicable to sentences for offenses for which the guidelines are determined by reference to § 2K2.4.

In this case, on June 20, 2013, Defendant was sentenced to serve a 60-month term of imprisonment on a charge of unlicensed dealing in firearms and a 96-month term on a charge of distribution of cocaine base. Defendant's firearm offense, unlicensed dealing in firearms, falls under United States Sentencing Guideline § 2K2.1. Indeed, Defendant was not charged with or convicted of a crime under 18 U.S.C. § 924(c). Accordingly, Amendment 599 is completely irrelevant to Defendant's guideline computation and sentence. Moreover, Amendment 599 went into effect on November 1, 2000, and therefore is not an amendment that subsequently lowered a guideline range applicable to Defendant, who was sentenced in 2013.

Upon the foregoing, Defendant's motion to reduce sentence based upon Amendment 599 (doc. no. 311) is hereby DENIED.

Source:  Leagle

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