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United States v. Dukes

December 3, 2008

UNITED STATES OF AMERICA
v.
DARNELL DUKES



The opinion of the court was delivered by: S. Arthur Spiegel United States Senior District Judge

OPINION AND ORDER

This matter is before the Court on Defendant's Motion to Reduce Sentence Pursuant to 18 U.S.C. § 3582(c)(2) (doc. 65), and the government's Response in Opposition (doc. 69). For the reasons stated herein, the Court DENIES Defendant's motion.

Defendant moves the Court, pursuant to 18 U.S.C. § 3582(c)(2), for an order reducing his sentence based on the lowered sentencing guideline range, made retroactive by the United States Sentencing Commission pursuant to 28 U.S.C. § 994(u) (doc. 65).

In considering Defendant's request, the Court must first determine whether he is eligible for a reduction in sentencing. Having reviewed this matter, the Court finds that Defendant is not eligible for a reduction for the simple reason that Defendant was sentenced pursuant to § 2K2.1 for possession of ammunition as a previously convicted felon in violation of 18 U.S.C. § 922(g)(1), and therefore he was not sentenced pursuant to the portions of Section 2D1.1 altered by the Sentencing Commission's Amendment 706. Under 18 U.S.C. § 3582(c)(2), a defendant's sentence may only be reduced when he was "sentenced to a term of imprisonment based on a sentencing range that has subsequently been lowered by the Sentencing Commission." 18 U.S.C. § 3582(c)(2).

Therefore, because Defendant is not eligible for a reduction in sentencing, the Court DENIES Defendant's Motion to Reduce Sentence Pursuant to 18 U.S.C. § 3582(c)(2) (doc. 65).

SO ORDERED.

20081203

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