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United States v. Sills

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


June 30, 2009

UNITED STATES OF AMERICA PLAINTIFF
v.
BEYAH SILLS, DEFENDANT

The opinion of the court was delivered by: William W. Caldwell United States District Judge

ORDER

THE BACKGROUND OF THIS ORDER IS AS FOLLOWS:

Under 18 U.S.C. § 3582(c), Defendant seeks a reduction in his sentence under Amendment 706 to the sentencing guidelines. The government has filed a response in which it agrees Defendant may be entitled to relief, subject to consideration of public safety factors and Defendant's institutional history.

In August 1998, a jury found Defendant guilty on counts 2, 4, 6, and 7 of a superseding indictment. Count 2 charged him with distribution of fifty grams or more of crack cocaine. Counts 4, 6, and 7 charged him with using and carrying a firearm in relation to a drug trafficking crime.

Counts 4, 6, and 7 carried mandatory consecutive sentences of five, twenty-five and twenty-five years, respectively, for a total of fifty-five consecutive years (660 months). For count 2, Defendant had a base offense level of 32, based on a drug quantity of at least 50 grams but less than 150 grams of crack cocaine. This became his total offense level. With a criminal history category of III, Defendant's sentencing range on count 2 was 151 to 188 months. At sentencing, the government moved for a downward departure. The court granted the motion and sentenced Defendant on October 3, 2002, to an aggregate term of 180 months' imprisonment, consisting of 120 months on count 2, a consecutive term of thirty-six months on count 4, and consecutive terms of twelve months on each of counts 6 and 7. This represented a reduction of 78% from the bottom of the guideline range for all the offenses, which totaled 811 months.

The probation office has submitted an addendum to the original pre-sentence report which concludes that Amendment 706 applies to Defendant. Amendment 706 reduces Defendant's base offense level to 30, making his amended guideline range on count 2 121 to 151 months.

Pursuant to 18 U.S.C. § 3582(c) and U.S.S.G. § 1B1.10, the court has also considered the nature and seriousness of the danger to any person or the community that may be posed by a reduction in Defendant's term of imprisonment, Defendant's post-conviction conduct, and the factors set forth in 18 U.S.C. § 3553(a). Based on the same, the court adopts the pre-sentence report addendum and finds that a reduction in Defendant's term of imprisonment is supported by these considerations. We therefore conclude that Defendant should be resentenced on count 2 to 112 months imprisonment, making his aggregate term of imprisonment 172 months, which corresponds to the 78% reduction Defendant originally received.

Accordingly, this 30th day of June, 2009, it is ORDERED that:

1. Defendant's pro se and counseled motions (doc. 223 and 230) under 18 U.S.C. § 3582(c)(2) are granted as follows.

2. Pursuant to 18 U.S.C. § 3582(c)(2), Defendant's previously imposed sentence of 120 months on count 2 (imposed October 3, 2002) is vacated and a sentence of 112 months on count 2 is imposed.

3. Except as provided herein, all provisions of the judgment of October 3, 2002, shall remain in effect.

20090630

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