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United States v. Roberson

April 6, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ROBERT ROBERSON DEFENDANT.



The opinion of the court was delivered by: Honorable Paul L. Maloney

MEMORANDUM OPINION AND ORDER

Defendant Robert Roberson has filed a motion for modification or reduction of sentence pursuant to 18 U.S.C. §3582(c)(2) based on the modification of the Drug Quantity Table with respect to cocaine base (crack cocaine).

Section 3582(c)(2) permits a court to reduce the term of imprisonment of a defendant who has been sentenced based on a sentencing range that has subsequently been lowered by the Sentencing Commission. 18 U.S.C. § 3582(c)(2). Amendment 706 and 711 of the United States Sentencing Guidelines modified the Drug Quantity Table with regard to cocaine base (crack cocaine). These modifications were made retroactive effective March 8, 2008. U.S.S.G. § 1B1.10(c).

However, the defendant is not eligible for a sentence modification. He was sentenced as a career offender and the amendments are of no assistance to him. The applicable guideline range has not been lowered as a result of the retroactive amendments to the Sentencing Guidelines. See United States v. Washington, 581 F.3d 456 (6th Cir. 2009) Accordingly,

IT IS HEREBY ORDERED that Defendant Robert Roberson's motion for modification of sentence pursuant to 18 U.S.C. § 3582(c)(2) (Dkt. #36) is DENIED.

Paul L. Maloney Chief United States District Judge

20100406

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