United States District Court, D. Maryland
Plaintiff, represented by Hillary Anne Davidson, Human Rights
& Special Prosecutions Section, Jonathan Ophardt, Office of
the United States Attorney, Mythili T. Raman, Office of the
United States Attorney & John Walter Sippel, Jr., Office of
the United States Attorney.
J. MESSITTE, District Judge.
Henry Davis has tiled a Motion to Reduce Sentence pursuant to
18 U.S.C. Â§ 3582(c), relying on Amendment 782 to the U.S.
Sentencing Guidelines. ECF No. 691. Although Davis asserts
that there are "extraordinary and compelling
reasons" to reduce his sentence, the Court finds he is
in fact ineligible for a reduction pursuant to Amendment 782
because he was sentenced to a statutory mandatory minimum
sentence of life imprisonment. Accordingly, the Court will
DENY his Motion.
28, 2001 a jury found Davis guilty of conspiracy to
distribute and possession with intent to distribute a cocaine
and cocaine base, in violation of 21 U.S.C. Â§ 846, and
possession with intent to distribute a cocaine and cocaine
base, in violation of 21 U.S.C. Â§ 841. At sentencing, the
Court adopted the factual findings and advisory guideline
applications in the Presentence Report (PSR), which
established that Davis's criminal activity involved over
150 kilograms of cocaine, resulting in a base offense level
at 38. Davis's final offense level was 41, with a
criminal history category of IV. The guidelines range for
imprisonment was therefore 360 months to life.
Government sought enhanced penalties under 21 U.S.C. Â§ 851
based on Davis's prior convictions. Davis was therefore
subject to a statutory mandatory minimum of life
imprisonment, pursuant to 21 U.S.C. Â§Â§ 841(b)(1)(A) and 851.
On September 26, 2001, the Court sentenced Davis to life in
prison. Since then, Davis has tiled several motions attacking
the judgment pursuant to various Rules of Criminal and Civil
Procedure, all of which the Court has denied.
February 13, 2015, Davis filed the present Motion, seeking a
reduction in his sentence pursuant to Amendment 782. ECF No.
691. On September 9, 2015, the Government filed its
opposition to the Motion. ECF No. 701. Davis has tiled no
18 U.S.C. Â§ 3582(c), "a defendant who has been sentenced
to a term of imprisonment based on a sentencing range that
has subsequently been lowered by the Sentencing
Commission" may file a motion asking the Court to reduce
his sentence. The Court may reduce the defendant's term
of imprisonment "after considering the factors set forth
in section 3553(a) to the extent that they are applicable, if
such a reduction is consistent with applicable policy
statements issued by the Sentencing Commission." 18
U.S.C. Â§ 3582(c)(2).
782, effective November 1, 2014, reduced by two levels the
base offense level in the Advisory Guidelines under Â§ 2D1.1
for certain drug offenses. Amendment 782, however, did not
have the effect of reducing a defendant's sentence below
a statutory mandatory minimum, unless the court originally
had the authority to sentence the defendant below the
mandatory minimum based on his substantial assistance to
authorities. See U.S.S.G. Â§ 1B1.10(a), (c); see
also id., Application Note 1(A) ("[A] reduction in
the defendant's term of imprisonment is not authorized
under 18 U.S.C. 3582(c)(2) and is not consistent with this
policy statement if... the amendment does not have the effect
of lowering the defendant's applicable guideline range
because of the operation of another guideline or statutory
provision ( e.g., a statutory mandatory minimum term of
imprisonment ).") (emphasis added).
Government notes, Davis was subject to a statutory mandatory
minimum sentence under 21 U.S.C. Â§Â§ 841 (b)(1)(A) and 851 at
the time of his sentencing. He did not receive any downward
departure from his Advisory Guidelines range based on
substantial assistance to authorities. Absent such departure
for substantial assistance, Davis is not eligible to receive
a sentence below the statutory mandatory minimum.
See U.S.S.G. Â§ 1B1.110(a)(2), (c). He is thus not
eligible for any reduction to his life sentence under
above reasons, Davis's Motion to Reduce Sentence under 18