MEMORANDUM AND ORDER

KATHRYN H. VRATIL, District Judge.

On November 26, 2007, the Court sentenced defendant to 112 months in prison. Pursuant to a government motion under Rule 35, the Court later reduced defendant's sentence to 77 months. This matter is before the Court on defendant's letter (Doc. #80) filed April 20, 2015, which the Court construes as pro se motion to reduce sentence under 18 U.S.C. § 3582(c) and Amendment 782 to the Sentencing Guidelines. For reasons stated below, the Court sustains defendant's motion.

A federal district court may modify a defendant's sentence only where Congress has expressly authorized it to do so. See 18 U.S.C. § 3582(c); United States v. Blackwell, 81 F.3d 945, 947 (10th Cir. 1996). Defendant seeks relief under Section 3582(c)(2), which permits the Court to reduce a sentence if 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)." 18 U.S.C. § 3582(c). If eligible, the Court may reduce defendant's term of imprisonment, after considering any applicable factors set forth in Section 3553(a), "if such a reduction is consistent with applicable policy statements issued by the Sentencing Commission." 18 U.S.C. § 3582(c); see Dillon v. United States, 560 U.S. 817, 826-27 (2010); United States v. Green, ___ F. App'x ___, 2015 WL 5316506, at *3 (10th Cir. Sept. 14, 2015).

Amendment 782 took effect on November 1, 2014 and generally lowers by two levels the base offense levels in the Drug Quantity Table. On July 18, 2014, the United States Sentencing Commission voted to apply the amendment retroactively to those offenders currently in prison. See Amendment 788.

Defendant originally had a total offense level of 24 with a criminal history category of VI for a guideline range of 100 to 125 months.1 The Court sentenced defendant to 112 months in prison. On government motion under Rule 35(b), Fed. R. Crim. P., the Court reduced defendant's sentence to 77 months.2 Applying Amendment 782, defendant's total offense level is 23 with a criminal history category of VI for a guideline range of 92 to 115 months in prison.3 Accordingly, defendant is eligible for relief under Amendment 782.

In determining whether a sentence reduction is warranted and the extent of any reduction, the Court considers the factors set forth in 18 U.S.C. § 3553(a). See U.S.S.G. § 1B1.10. In particular, among other factors, the Court must consider the nature, seriousness and circumstances of the offense, defendant's history and characteristics, the need to protect the public from further crimes by defendant and any threat to public safety. United States v. Meridyth, 573 F. App'x 791, 794 (10th Cir. 2014); United States v. Osborn, 679 F.3d 1193, 1195-96 (10th Cir. 2012). While not mandatory, the Court may also consider defendant's post-sentencing conduct. Osborn, 679 F.3d at 1195; see Meridyth, 573 F. App'x at 794; U.S.S.G. § 1B1.10 cmt. n.1(B).

Defendant's amended guideline range is 92 to 115 months. The Court has considered the nature, seriousness and circumstances of the offense, defendant's history and characteristics, the need to protect the public from further crimes by defendant and any threat to public safety. After balancing these factors, the Court finds that a sentence of 70 months in prison is sufficient but not greater than necessary to meet all of the objectives of federal sentencing law.4

IT IS THEREFORE ORDERED that defendant's letter (Doc. #80) filed April 20, 2015, which the Court construes as pro se motion to reduce sentence under 18 U.S.C. § 3582(c) and Amendment 782 to the Sentencing Guidelines, be and hereby is SUSTAINED. The Court reduces defendant's term of imprisonment from 77 months to 70 months. All other provisions of the amended judgment dated August 15, 2011 shall remain in effect.