Crim. A. No. 07-0484 (SRC).
May 12, 2008
This matter comes before the Court on pro se Petitioner Hashim Scott's motion for a reduction in sentence pursuant to Title 18 of the United States Code, Section 3582(c)(2) and United States Sentencing Guidelines, Section 1B1.10(c), which relates to sentencing for crack cocaine related offenses. [Docket item 35].
Amendment 706 to U.S.S.G. § 2D1.1(c), which provides for a two-level decrease in the base level for all crack cocaine quantities, became effective November 1, 2007. See U.S.S.G. § 2D1.1(c), Supp. to App'x C. The Court sentenced Petitioner on November 26, 2007, after Amendment 706 went into effect. Although the Presentence Investigation Report calculated Petitioner's offense level of thirty-four using the pre-amendment guidelines, the Court relied upon the guidelines as amended by Amendment 706 and calculated Petitioner's offense level as thirty-two.
Because the Court sentenced Petitioner under the guidelines as amended November 1, 2007, his motion for a new sentence is without merit. Therefore,
IT IS on this 9th day of May 2008,
ORDERED that Petitioner's motion for a reduction in sentence is denied. [Docket item 35].