Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Straughter

February 5, 2007

UNITED STATES OF AMERICA
v.
CHARLES STRAUGHTER



The opinion of the court was delivered by: James L. Graham United States District Judge

ORDER

This matter is before the court on defendant's motion to reduce his term of imprisonment. Defendant relies on Amendment 505 to the United States Sentencing Guidelines ("U.S.S.G."), which amended the Drug Quantity Table in U.S.S.G. §2D1.1 to set the upper limit of that table at level 38. That amendment was effective November 1, 1994, after defendant was sentenced in the above case.

Under 18 U.S.C. §3581(c)(2), this court may reduce a defendant's sentence if, subsequent to the defendant's sentencing, the applicable sentencing range has been lowered by the Sentencing Commission pursuant to 28 U.S.C. §994(o), if such a reduction is consistent with applicable policy statements issued by the Commission. Under U.S.S.G. §1B1.10(a), a reduction in sentence based upon the retroactive application of an amendment is consistent with that policy statement only if the amendment is one listed in U.S.S.G. §1B1.10(c).

Amendment 505 is listed in §1B1.10(c). However, the amendment is of no assistance to defendant. The presentence investigation report in defendant's case reveals that defendant was held accountable for between fifty and one hundred and fifty kilograms of cocaine, resulting in a base offense level of 36 under the Drug Quantity Table. Under Amendment 505, the Drug Quantity Table was only amended where it previously produced base offense levels exceeding 38. Thus, Amendment 505 has no impact on defendant's case. Defendant's total offense level was ultimately determined to be 40. However, this was the result of a two-level enhancement for the use of firearms, and a two-level enhancement for defendant's role in the offense. Amendment 505 only caps the base offense level derived from the Drug Quantity Table. It does not preclude a higher total offense level resulting from the application of other enhancements.

Since Amendment 505 does not alter the guideline level in defendant's case, this court does not have the authority under §3582(c)(2) to reduce defendant's term of imprisonment, and the motion is denied.

20070205

© 1992-2007 VersusLaw ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.