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U.S. v. GREAVES, 08-241-02. (2015)

Court: District Court, E.D. Pennsylvania Number: infdco20151006b54 Visitors: 17
Filed: Sep. 30, 2015
Latest Update: Sep. 30, 2015
Summary: ORDER STEWART DALZELL , District Judge . AND NOW, this 30th day of September, 2015, upon consideration of defendant Rashan Greaves's ("Greaves") pro se motion for reduction of sentence pursuant to 18 U.S.C. 3582(c)(2), and the Government's response in opposition thereto, and the Court finding that: (a) On October 17, 2008, Greaves pled guilty to charges of possession, distribution, and conspiracy to distribute cocaine in violation of 21 U.S.C. 841(a)(1) and firearm charges in violati
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ORDER

AND NOW, this 30th day of September, 2015, upon consideration of defendant Rashan Greaves's ("Greaves") pro se motion for reduction of sentence pursuant to 18 U.S.C. § 3582(c)(2), and the Government's response in opposition thereto, and the Court finding that:

(a) On October 17, 2008, Greaves pled guilty to charges of possession, distribution, and conspiracy to distribute cocaine in violation of 21 U.S.C. § 841(a)(1) and firearm charges in violation of 18 U.S.C. §§ 924(c) and 922(g);

(b) Greaves was classified as a "career offender," and therefore the applicable Sentencing Guideline was U.S.S.G. § 4B1.1;

(c) Greaves's offense level as a career offender was 37, though his acceptance of responsibility gave him a three-level reduction to offense level 34, for which the guideline range for his sentencing was 262 to 327 months;

(d) The Government recommended a sentence of 140 months in total, and we varied from the guideline range and imposed the recommended sentence of 140 months;

(e) Greaves now moves to have his sentenced reduced pursuant to 18 U.S. C. § 3582(c)(2) in light of Amendment 782, which reduced by two levels the base offense levels assigned to drug quantities that trigger the statutory mandatory minimum penalties in § 2D1.1;

(f) Our Court of Appeals ruled directly on the applicability of amendments to § 2D1.1 to defendants sentenced under § 4B1.1 in United States v. Mateo, 560 F.3d 152 (3d Cir. 2009);

(g) In Mateo, the defendant had been convicted of a drug offense involving crack cocaine and his offense level was determined by § 4B1.1 since he was classified as a "career offender;" id. at 153;

(h) The Sentencing Guidelines were subsequently amended to reduce the base level for crack cocaine offenses under § 2D1.1, and the defendant moved to have his sentence reduced pursuant to § 3582(c)(2);

(i) The Court of Appeals stated that when an amendment decreases a base level drug offense under § 2D1.1, such an amendment does not affect a sentencing range provided by § 4B1.1 for career offenders, id. at 154;

(j) The Court stated that§ 3582(c)(2) therefore does not authorize a reduced sentence for defendants sentenced under the career offender guidelines of§ 4Bl.l when amendments are made to offenses under § 2D1.1, id.;

(k) The case at hand is perfectly analogous to the situation our Court of Appeals addressed in Mateo;

(l) Here, Greaves moves to have his sentence reduced pursuant to§ 3582(c)(2) in light of Amendment 782, which reduced by two levels the base offense levels assigned to drug quantities that trigger the statutory mandatory minimum penalties in § 2D1.1;

(m) Greaves, however, was not sentenced under the guidelines provided in§ 2D1.1, but was instead sentenced under the career offender guidelines found in § 4B1.1;

(n) Amendment 782 thus does not affect the guideline range used for Greaves's sentencing; and

(o) Greaves therefore is not eligible for a reduction of sentence pursuant to § 3582(c)(2).

It is hereby ORDERED that defendant Rashan Greaves's pro se motion for reduction of sentence is DENIED.

Source:  Leagle

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