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U.S. v. PEARSON, 7:07-CR-00053-F-1. (2015)

Court: District Court, E.D. North Carolina Number: infdco20150918i31 Visitors: 12
Filed: Sep. 16, 2015
Latest Update: Sep. 16, 2015
Summary: ORDER JAMES C. FOX , Senior District Judge . This matter is before the court on Defendant Willie James Pearson's pro se motion to reconsider [DE-63]. Defendant asks this court to reconsider its decision denying Defendant a sentence reduction pursuant to 18 U.S.C. 3582(c)(2). Id. at 1. Defendant claims that he was not sentenced as a career offender under U.S.S.G. 4B1.1 and thus is eligible for a two-level sentence reduction pursuant to Amendment 782 to the United States Sentencing Comm
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ORDER

This matter is before the court on Defendant Willie James Pearson's pro se motion to reconsider [DE-63]. Defendant asks this court to reconsider its decision denying Defendant a sentence reduction pursuant to 18 U.S.C. § 3582(c)(2). Id. at 1. Defendant claims that he was not sentenced as a career offender under U.S.S.G. § 4B1.1 and thus is eligible for a two-level sentence reduction pursuant to Amendment 782 to the United States Sentencing Commission's Sentencing Guidelines (hereafter "the Guidelines"). Id. at 1-2.

Amendment 782 to the Guidelines provides for a two-level reduction in the base offense level for drug offenders sentenced under U.S.S.G. § 2D1.1. U.S. Sentencing Guidelines Manual Amendment 782 app. C (Supp. 2014) (U.S. Sentencing Comm'n 2014). Defendants designated as career offenders, however, are not sentenced under § 2D1.1, but under § 4B1.1. See id. § 4B1.1. Therefore, Amendment 782 offers no relief for defendants sentenced as career offenders. See United States v. Munn, 595 F.3d 183, 187 (4th Cir. 2010).

After reviewing the record, the court concludes that Defendant was sentenced as a career offender under § 4B1.1. Defendant's Presentence Investigation Report ("PSR") indicates that Defendant qualified as a career offender. At Defendant's sentencing, the court adopted the findings of the PSR without amendment. Because Defendant was sentenced as a career offender under U.S.S.G. § 4B1.1, he is ineligible for application of Amendment 782, which applies only to defendants sentenced under U.S.S.G. § 2D1.1. Accordingly, Defendant's motion to reconsider [DE-63] is DENIED.

SO ORDERED.

Source:  Leagle

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