United States District Court, E.D. Louisiana
MORGAN UNITED STATES DISTRICT JUDGE
the Court is a motion for a sentence reduction filed by
Defendant Darius Williams.
brings his motion pursuant to Amendment 782 to the United
States Sentencing Guidelines. Amendment 782 “lowered the
offense levels in § 2D1.1 [of the Guidenlines] for many
drug trafficking offenses and became retroactively applicable
on November 1, 2015.” Under 18 U.S.C § 3582(c)(2),
the Court has authority to modify sentences in accordance
with Amendment 782.
August 30, 2018, Defendant filed a motion styled as a motion
for a sentence reduction under Amendment 782. In that motion,
he did not argue his offense level was calculated according
to a version of § 2D1.1 of the Guidelines that was
subsequently altered by Amendment 782. Instead, he challenged
the amount of cocaine base used for sentencing and the basis
for his participation in the conspiracy to which he pleaded
guilty. The Court found modification of the
sentence was outside the scope of 18 U.S.C § 3582(c)(2)
and that, as a result, the Court did not have jurisdiction to
modify Defendant's sentence.
November 27, 2018, Defendant filed the instant motion,
stating his offense level “was calculated according to
a version of ‘2D1.1' of the [G]uidelines that was
subsequently altered by Amendment 782.” The Court does
not agree. Amendment 782 took effect on November 1,
2014. The Final Presentencing Investigation
Report was filed on April 8, 2015,  and Defendant sentenced
on April 15, 2015,  after Amendment 782 took
effect. The Court sentenced Defendant using the Guidelines as
amended by Amendment 782.
states Amendment 782 “became retroactively applicable
on November 1, 2015.” The Amendment states,
“The effective date of this amendment is November 1,
2014. However, as a result of the special instruction,
offenders cannot be released from custody pursuant to
retroactive application of Amendment 782 before November 1,
2015.” Defendant was sentenced after the
effective date of Amendment 782. In his case, the amended
Guidelines were applied directly and not retroactively.
sentence was correctly calculated under the Sentencing
Guidelines, as amended by Amendment 782. In the Factual Basis
filed by the United States, Defendant stipulated to the
[F]or sentencing purposes the government could prove that the
amount of drugs that was distributed and possessed with the
intent to be distributed by Williams and his coconspirators
during the several years that he was a member of the
conspiracy was at least 280 grams but not more than 840 grams
of a mixture or substance containing a detectible amount of
cocaine base (“crack”).
to the Presentencing Investigation Report, Defendant's
base offense level was 30 because his offense involved at
least 280 grams, but less than 840 grams, of cocaine
base. Defendant's total offense level was
calculated from this base offense level. Under the Guidelines
as amended by Amendment 782, an offense involving at least
280 grams, but less than 840 grams, of cocaine base,
corresponds to a base offense level of 30. There was no
error in the calculation of Defendant's sentencing range
under the Guidelines.
IT IS ORDERED that motion for a sentence
reduction filed by Defendant Darius Williams be and hereby is
 R. Doc. 884.