MYRON H. THOMPSON, District Judge.
Proceeding pro se, defendant Michael Jerome Hawkins asks this court to reconsider its order reducing his sentence from 240 to 235 months. As Hawkins's crack-cocaine-sentence reduction was initiated by the court on its own, the court will address his motion pursuant to 18 U.S.C. § 3582(c)(2).
The court found that Hawkins's amended guideline range was 235 to 240 months under the most recent crack-cocaine-retroactivity amendment. Hawkins believes that the appropriate amended guideline range is 188 to 210 months. In support, he makes three main arguments.
First, Hawkins contends that he deserves a two-point total-offense-level reduction from the first round of crack-cocaine-sentence modifications. However, on May 24, 2010, this court properly denied his initial request for a sentence reduction because the amount of crack cocaine attributable to him (5.314 kilograms) was above the quantity threshold for a sentence reduction. Order Denying Sentence Reduction (Doc. No. 186); see also 2010 United States Sentencing Guidelines § 2D1.1 Commentary Note 10(D)(ii)(I) (providing that the two-level reduction "shall not apply in a case in which the offense involved 4.5 kg or more ... of cocaine base").
Second and relatedly, Hawkins submits that the court improperly calculated his amended total-offense level. He appears to argue as follows. His original total-offense level was 37, and, under the first round of crack-cocaine reductions, his total-offense level should have been decreased to 35. However, as demonstrated above, this assumption is flawed. Hawkins then argues that his total-offense level should be decreased by another two points, from 35 to 33, under the current round of crack-cocaine reductions. According to him, this results in a guideline range of 188 to 210 months.
Hawkins's amended total-offense level is calculated using the 2011 drug-quantity table, which provides that the 5.314 kilograms of cocaine base attributable to him results in a base-offense level of 36.
Hawkins's final argument is that the court miscalculated his guideline range. He emphasizes that a range of 235 to 240 months does not match up to the sentencing table. With a total-offense level of 35 and a criminal-history category of IV, Hawkins's guideline range should be 235 to 293 months. However, the statutory-maximum penalty for Hawkins's crime is 240 months. 21 U.S.C. §§ 841(a) & 841(b)(1)(C). If a guideline range is higher than a statutory-maximum penalty, the statutory maximum becomes the higher end of the guideline range. 2011 United States Sentencing Guidelines § 5G1.1(c)(1).
Accordingly, it is ORDERED that defendant Michael Jerome Hawkins's motion for reconsideration (Doc. No. 189) is denied.