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U.S. v. Garrett, 11-cr-40004-JPG. (2017)

Court: District Court, S.D. Illinois Number: infdco20170509895 Visitors: 12
Filed: May 08, 2017
Latest Update: May 08, 2017
Summary: MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . This matter comes before the Court on defendant Jeremiah N. Garrett's pro se motion for a reduction of his criminal sentence pursuant to 18 U.S.C. 3582(c)(2) and United States Sentencing Guidelines Manual ("U.S.S.G.") 1B1.10 (Doc. 49). Garrett pled guilty to an indictment alleging two counts of distribution of crack cocaine. At sentencing on June 9, 2011, the Court found by a preponderance of the evidence that Garrett's relevan
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MEMORANDUM AND ORDER

This matter comes before the Court on defendant Jeremiah N. Garrett's pro se motion for a reduction of his criminal sentence pursuant to 18 U.S.C. § 3582(c)(2) and United States Sentencing Guidelines Manual ("U.S.S.G.") § 1B1.10 (Doc. 49).

Garrett pled guilty to an indictment alleging two counts of distribution of crack cocaine. At sentencing on June 9, 2011, the Court found by a preponderance of the evidence that Garrett's relevant conduct was at least 28 grams but less than 112 grams of crack cocaine, which under U.S.S.G. § 2D1.11 yielded a base offense level of 26. However, the Court further found that Garrett was a career offender under U.S.S.G. § 4B1.1 based on prior drug or violent felony convictions, which raised his base offense level to 34. His offense level was reduced by three points under U.S.S.G. § 3E1.1(a) to 31 because Garrett timely demonstrated acceptance of responsibility for his offense. Considering Garrett's criminal history category of VI, established by his career offender status under U.S.S.G. § 4B1.1, this yielded a sentencing range of 188 to 235 months in prison. The Court imposed a sentence of 216 months for each count. See 21 U.S.C. § 841(b)(1)(C).

The defendant now asks the Court to apply recent changes to U.S.S.G. § 2D1.1 to lower his sentence. Amendment 782 amended U.S.S.G. § 2D1.1(c) as of November 1, 2014, to lower some base offense levels associated with various relevant conduct drug amounts. The relevant parts of Amendment 782 are retroactive. See U.S.S.G. § 1B1.10(d) & (e)(1) (2014).

Section 3582(c)(2) allows the Court to reduce a defendant's previously imposed sentence where "a 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) . . . ." In doing so, the Court must consider the factors set forth in 18 U.S.C. § 3553(a) and must ensure that any reduction "is consistent with applicable policy statements issued by the Sentencing Commission." 18 U.S.C. § 3582(c)(2). Thus, a defendant urging a sentence reduction under § 3582(c)(2) must satisfy two criteria: (1) the Sentencing Commission must have lowered the applicable guideline sentencing range, and (2) the reduction must be consistent with applicable policy statements issued by the Sentencing Commission. If an amendment does not lower the defendant's applicable guideline range, the Court must deny a sentence reduction on the merits. United States v. Taylor, 778 F.3d 667, 672 (7th Cir. 2015).

The defendant cannot satisfy the first criterion because he was not "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)(2). Although Amendment 782 amended U.S.S.G. § 2D1.1(c) to lower some base offense levels associated with various drug amounts, the defendant was sentenced based on his career offender base offense level set forth in U.S.S.G. § 4B1.1, not the base offense level set forth in U.S.S.G. § 2D1.1. Thus, his offense level and his guideline range have not been lowered by Amendment 782, and he cannot satisfy the first criterion under 18 U.S.C. § 3582(c)(2) for obtaining a sentence reduction. See United States v. Griffin, 652 F.3d 793, 803 (7th Cir. 2011).

Because the defendant cannot satisfy the first criterion under 18 U.S.C. § 3582(c)(2) for obtaining a sentence reduction, the Court DENIES Garrett's motion for a sentence reduction (Doc. 49).

IT IS SO ORDERED.

FootNotes


1. Unless otherwise noted, the references to the guidelines in this order are to the 2010 U.S.S.G. including emergency Amendment 748, which became effective November 1, 2010.
Source:  Leagle

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