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United States v. Rayford

April 5, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
RAYMOND EDWARD RAYFORD, DEFENDANT.



The opinion of the court was delivered by: Hon. Robert Holmes Bell

MEMORANDUM OPINION AND ORDER DENYING MOTION FOR REDUCTION OF SENTENCE

This matter is before the Court on defendant's Motion for Modification or Reduction of Sentence Pursuant to 18 U.S.C. §3582(c)(2) (Dkt. #68). For the following reasons, the motion will be denied.

On July 11, 2007, the Court sentenced Defendant to two consecutive sixty-month terms based on two counts: possession with intent to distribute fifty grams or more of cocaine base in violation of 21 U.S.C. § 841(a)(1), and using, carrying, and discharging a firearm during and in relation to a drug trafficking crime, in violation of 18 U.S.C. § 924(c)(1)(A)(iii). (Dkt. No. 53, J.) Each count was subject to a mandatory minimum sentence of 120 months. 21 U.S.C. § 841(b)(1)(A)(iii); 18 U.S.C. § 924(c)(1)(A)(iii). However, prior to sentencing, the government moved for a downward departure from the Guidelines range and the mandatory minimum pursuant to U.S.S.G. § 5K1.1 and 18 U.S.C. § 3553(e). (Dkt. No. 51.)

Defendant moves for a further reduction in his sentence pursuant to Amendment 706 of the Sentencing Guidelines and 18 U.S.C. § 3582(c)(2). However, section 3582(c)(2) does not authorize the Court to reduce the term of a sentence that was based on a statutory minimum. United States v. Johnson, 564 F.3d 419, 423 (6th Cir. 2009). Because of the statutory minimum, if Defendant were resentenced under the amended Guidelines, his sentence would remain unchanged.

Accordingly,

IT IS HEREBY ORDERED that Defendant's motion for reduction of his sentence (Dkt. No. 68) is DENIED.

ROBERT HOLMES BELL UNITED STATES DISTRICT JUDGE

20100405

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