WILLIAM B. SHUBB, District Judge.
On June 5, 1996, defendant Juan Aguilar Cortez was found guilty by jury verdict of conspiracy to distribute methamphetamine in violation of 21 U.S.C. §§ 841(a)(1) and 846, possession with intent to distribute methamphetamine in violation of 21 U.S.C. § 841(a)(1), and possession with intent to distribute marijuana in violation of 21 U.S.C. § 841(a)(1). (Presentence Report ("PSR") ¶ 1;
The differing drugs were converted to their marijuana equivalencies pursuant to § 2D1.1 of the 1995 United States Sentencing Commission Guidelines Manual ("U.S.S.G."). Under the Drug Equivalency Table, one gram of methamphetamine converted to one kilogram of marijuana, and this resulted in a total quantity of 2,238.132 kilograms of marijuana. (PSR ¶ 13);
Section 841(b)(1)(A) imposed a "mandatory term of life imprisonment without release" if a defendant with two or more prior felony drug convictions committed a violation involving at least 1,000 kilograms of marijuana or 100 grams of methamphetamine.
Defendant now moves to reduce his sentence pursuant to 18 U.S.C. § 3582(c)(2) based on Amendment 782 to the Sentencing Guidelines. (Docket No. 259.) That amendment retroactively modifies § 2D1.1's Drug Quantity Table and reduces by two points the base offense level for most federal drug offenses.
To grant a motion under 18 U.S.C. § 3582(c)(2), the "court must first determine that a reduction is consistent with § 1B1.10."
Defendant here was sentenced based on the statutory mandatory minimum sentence, and not on a sentencing range that has been lowered by the Sentencing Commission. Amendment 782's changes to the Drug Equivalency Tables in U.S.S.G. § 2D.1 also do not affect defendant's statutory minimum sentence. The current tables convert one gram of methamphetamine to
Accordingly, because defendant was not sentenced based on a sentencing range that has been lowered by the Sentencing Commission, and his statutory mandatory minimum sentence would be the same even if Amendment 782 were in effect at the time of sentencing, defendant does not qualify for a sentence reduction pursuant to 18 U.S.C. § 3582(c)(2) and the court must therefore deny his motion.
IT IS THEREFORE ORDERED that defendant's Motion for Reduction of Sentence pursuant to 18 U.S.C. § 3582(c) (Docket No. 259) be, and the same hereby is, DENIED.