United States v. Reese
5:13-cr-00025
N.D.W. Va.Jul 23, 2015Background
- Reese, a defendant in a Northern District of West Virginia criminal case, was sentenced to 140 months as a career offender with total offense level 28 and a VI criminal history, based on the original guidelines (career offender) and acceptance of responsibility.
- Defendant filed a pro se motion under 18 U.S.C. § 3582(c)(2) seeking a sentence reduction based on Amendment 782 (reduced base offense levels for drug offenses).
- Amendment 782 lowered the base offense level by two levels effective November 1, 2014, and was made retroactive by the U.S. Sentencing Commission, but subject to USSG § 1B1.10(c)(1) requiring an order date of November 1, 2015 or later for a reduction.
- The court notes that § 3582(c)(2) allows a reduction only if the defendant’s sentence was based on a range subsequently lowered by the Commission, and that only a limited adjustment is allowed, not plenary resentencing (per Dillon and related authorities).
- The court determines the defendant is not eligible for a retroactive reduction because the order granting any such reduction would have to be dated on or after November 1, 2015, but the current order is dated July 23, 2015; thus, no reduction is warranted.
- The court thus denies the motion and states it has considered § 3553(a) factors and potential dangers in reducing the sentence, but applicability of Amendment 782 is dispositive.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Reese is eligible for a § 3582(c)(2) reduction under Amendment 782 given timing. | Government argues Amendment 782 is retroactive but requires an order date on/after Nov. 1, 2015. | Reese seeks relief under § 3582(c)(2) based on the amendment. | Not eligible; timing precludes reduction. |
| Whether the Court should reduce within 1B1.10 limits if eligible. | N/A | N/A | Not applicable due to ineligibility. |
Key Cases Cited
- United States v. Dunphy, 551 F.3d 247 (4th Cir. 2009) (appointment of counsel not required for § 3582(c)(2) reductions; no hearing required)
- United States v. Gilliam, 513 F. Supp. 2d 594 (W.D. Va. 2007) (only amend the applicable guideline provisions affected by Amendment 782;其他 guidelines unchanged)
- Dillon v. United States, 560 U.S. 817 (2010) (limits of § 3582(c)(2): narrow adjustment, not plenary resentencing)