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