Opinion
No. 10 CR 779
05-24-2016
UNITED STATES OF AMERICA, v. MARVIN BENNET.
MEMORANDUM OPINION AND ORDER
Defendant is not eligible for a reduction of his sentence. The defendant previously received a non-Guidelines sentence pursuant to 18 U.S.C. § 3553 and Booker. Specifically, at his original sentencing hearing, Defendant faced a range of 121-151 months under the Guidelines, but the Court, citing Booker and consideration of 18 U.S.C. § 3553 factors, imposed a sentence of 90 months. Pursuant to 1B.10(b)(2)(A), the Court "shall not reduce the defendant's term of imprisonment under 18 U.S.C. § 3582(c)(2) and this policy statement to a term that is less than the minimum of the" new, amended Guidelines range. Because the original non-guidelines sentence of 90 months is less than the low end of the amended range, 100 months, this Court cannot further reduce Defendant's sentence. In Dillon v. United States, 130 S.Ct. 2683, 2692-93 (2010), the Supreme Court held that the Commission's policy statements that limit the discretion of the sentencing court in Section 3582(c) motions are binding, notwithstanding Booker. Defendant's motion to reduce sentence pursuant to 18 U.S.C. § 3582(c) is denied.
ENTER:
/s/
James B. Zagel
United States District Judge DATE: May 24, 2016