USA v. Bennett
Criminal

District of Nebraska, ned-8:2005-cr-00426-36390

ORDER REGARDING MOTION FOR SENTENCE REDUCTION PURSUANT TO 18:3582(c)(2) - denying {{56}} and {{59}} motions to reduce sentence pursuant to crack cocaine Amendment 706 as to James L. Bennett (1). Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party)

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8:05-cr-00426-LSC-FG3 Doc # 64 Filed: 07/21/08 Page 1 of 1 - Page ID # 194 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA UNITED STATES OF AMERICA,) CASE NO. 8:05CR426) Plaintiff,)) MEMORANDUM vs.) AND ORDER) JAMES L. BENNETT,)) Defendant.) This matter is before the Court on the Defendant's motions to reduce his sentence as a result of Amendment 706 to the crack cocaine guidelines (Filing Nos. 56, 59). The probation office has submitted a worksheet. Defense counsel entered an appearance (Filing No. 61.) The Court has considered the government's response (Filing No. 63). The Defendant was sentenced in relevant part to concurrent terms of 188 months imprisonment on each of counts II and III of the Indictment. (Filing No. 49.) As a career offender his total offense level under U.S.S.G. § 4B1.1 was 31, his criminal history category was VI, and his guideline range was 188-235 months. (Filing No. 50.) The Eighth Circuit has stated that a career offender's base offense level is determined under U.S.S.G. § 4B1.1 and not U.S.S.G. § 2D1.1. The sentencing commission lowered the levels under § 2D1.1(c) and did not amend § 4B1.1. United States v. Thomas, 524 F.3d 889, 890 (8th Cir. 2008). Therefore, the crack cocaine amendments have no effect on this Defendant's case, and his sentence cannot be lowered under the crack cocaine amendments to the guidelines. IT IS ORDERED that the Defendant's motions to reduce his sentence as a result of Amendment 706 to the crack cocaine guidelines (Filing Nos. 56, 59) are denied. DATED this 21st day of July, 2008. BY THE COURT: s/Laurie Smith Camp United States District Judge