Opinion
CRIMINAL ACTION NO. 5:10-141-KKC
04-14-2015
UNITED STATES OF AMERICA, Plaintiff, v. GREGORY L. HAMBLIN, Defendant.
OPINION AND ORDER
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This matter is before the Court on defendant Gregory Hamblin's motion for a sentence reduction pursuant to Amendment 782 to the United States Sentencing Guidelines (DE 33). The amendment reduces by two the offense levels assigned in the Drug Quantity Table, U.S.S.G. § 2D1.1, resulting in lower guideline ranges for most drug trafficking offenses.
Hamblin pleaded guilty to one count attempted possession with intent to distribute Oxycodone, in violation of 21 U.S.C. § 841(a)(1). (DE 30, Judgment). According to the presentence report, the defendant's Base Offense Level under then-existing U.S.S.G. § 2D1.1 was 18. However, the presentence report provided that Hamblin's prior felony convictions qualified him as a career offender under U.S.S.G. § 4B1.1, with an enhanced offense level of 34. With a three-level reduction for acceptance of responsibility, Hamblin's advisory guideline range, as a career offender, was 188 to 235 months. The Court granted the United States' motion for a downward departure and sentenced the defendant to 94 months of imprisonment (DE 30, Judgment).
Hamblin is not eligible for a sentence reduction under Amendment 782. Once a defendant is determined to be a career offender under § 4B1.1, the career offender guideline range controls if it is greater than the initial advisory guideline range. U.S.S.G. § 4B1.1(b). In this case, the Court calculated Hamblin's sentence based on the career offender guidelines and then departed downward from that range. When a sentencing range is derived from § 4B1.1 and not the Drug Quantity Table in § 2D1.1, Amendment 782 does not apply. See United States v. Thompson, 714 F.3d 946, 949 (6th Cir. 2013) (holding previous amendments to drug quantity table did not apply to lower sentence of career offender); see, e.g., United States v. Sullivan, No. 5:14-cr-7-06, 2015 WL 1524089, at *2 (N.D. Ohio Apr. 3, 2015) (finding defendant not eligible for a sentence reduction under Amendment 782 because his sentencing range was determined by his career offender status); United States v. Nicholson, No. 3:11-194, 2015 WL 403997, at *2 (M.D. Tenn. Jan. 29, 2015) (same). Therefore, because Hamblin was sentenced based on the career offender guideline range, IT IS ORDERED that his motion for a sentence reduction (DE 33) is DENIED.
Dated April 14, 2015.
/s/
KAREN K. CALDWELL, CHIEF JUDGE
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY