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United States v. Dubois

April 17, 2009

UNITED STATES OF AMERICA
v.
LEE ALLAN BASS DUBOIS, J.



MEMORANDUM

On December 15, 1999 defendant, Lee Allen Bass, was charged in an Indictment with one count of possession of cocaine base ("crack") with intent to deliver in violation of 21 U.S.C. § 841(a)(1). On April 20, 2000, defendant pleaded guilty to the charge pursuant to a plea agreement. In the plea agreement, defendant stipulated that he possessed with intent to deliver 703 grams of cocaine base ("crack").

Presently before the Court is defendant Lee Allen Bass's counseled Motion for Reduction of Sentence pursuant to 18 U.S.C. § 3582(c)(2). For the reasons set forth below, the Motion is denied.

I. BACKGROUND

Defendant was sentenced on February 13, 2001. At sentencing, the Court found that defendant was criminally responsible for 703 grams of cocaine base ("crack"). That resulted in a base offense level of 36. However, because defendant had two prior felony drug convictions, the Court determined he was a career offender under § 4B1.1 of the United States Sentencing Guidelines ("Guidelines"), as a result of which his base offense level was increased to 37 and he was placed in Criminal History Category VI. After a three level reduction for acceptance of responsibility, defendant's total offense level was 34. With a total offense level of 34, in Criminal History Category VI, the Guideline Imprisonment Range was 262 to 327 months.

Defendant was sentenced on February 13, 2001 to, inter alia, 262 months imprisonment. That sentence was based on the career offender guideline, § 4B1.1.

II. DISCUSSION

A. Legal Standard

18 U.S.C. § 3582(c)(2) permits a court to modify a defendant's term of imprisonment where a defendant's sentence is "based on a sentencing range that has subsequently been lowered by the Sentencing Commission... if such a reduction is consistent with applicable policy statements issued by the Sentencing Commission." In § 1B1.10 of the Guidelines, the Sentencing Commission identified the amendments which may be applied retroactively pursuant to this authority, and articulated the proper procedure for implementing this amendment in a concluded case. On December 11, 2007, the Commission issued a revised version of § 1B1.10, which limited the nature of relief available under 18 U.S.C. § 3582(c).

Revised § 1B1.10(a), which became effective on March 3, 2008, provides, in relevant part:

(1) In General.-In a case in which a defendant is serving a term of imprisonment, and the guideline range applicable to that defendant has subsequently been lowered as a result of an amendment to the Guidelines Manual listed in subsection

(c) below, the court may reduce the defendant's term of imprisonment as provided by 18 U.S.C. § 3582(c)(2). As required by 18 U.S.C. § 3582(c)(2), any such reduction in the defendant's term of imprisonment shall be consistent with this policy statement.

(2) Exclusions.-A reduction in the defendant's term of imprisonment is not consistent with this policy statement and therefore is not authorized under 18 U.S.C. § 3582(c)(2) if-

(A) none of the amendments listed in subsection (c) is applicable to the defendant; or

(B) an amendment listed in subsection (c) does not have the effect of lowering the defendant's ...


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