United States District Court, M.D. Alabama, Northern Division
MEMORANDUM OPINION AND ORDER
KEITH WATKINS UNITED STATES DISTRICT JUDGE
Preston Grice moves the court for a reduction in his sentence
under 18 U.S.C. § 3582(c)(2) based upon Amendment 750
and for his immediate release from prison. (Docs. # 188,
191.) The motion is due to be denied. Grice has received two
§ 3582(c)(2) sentence reductions, one under Amendment
706 and the other under Amendment 782. Grice obtained the
benefit of Amendment 750's base-offense-level reduction
when his sentence was reduced under Amendment 782. No.
further reduction is warranted, and, accordingly Grice's
motion is due to be denied.
2007, a jury convicted Grice for conspiracy to distribute and
possess with intent to distribute marijuana, cocaine base,
and cocaine hydrochloride, in violation of 21 U.S.C. §
846 (Count One), and for distribution and possession with
intent to distribute marijuana, cocaine base, and cocaine
hydrochloride, in violation of 21 U.S.C. § 841 (Count
Two). At sentencing, after resolving the objections to drug
quantities, the court attributed to Grice 4.5 kilograms of
cocaine base, 114 grams of cocaine hydrochloride, and 37.05
kilograms of marijuana. (Presentence Report ¶ 16; Doc. #
153, at 56 (sentencing transcript).) These amounts of drugs,
converted to their marijuana equivalencies, resulted in a
base offense level of 38. Further, because of his leadership
role in the criminal activity, Grice's base offense level
increased by two points, and he received a two-point firearm
enhancement, for a total offense level of 42. Grice had a
criminal history category of II. The resulting guideline
range was 360 months to life. (Doc. # 153, at 61-62.) This
guidelines range exceeded the statutory mandatory minimum
sentence of ten years on Count One and the mandatory minimum
sentence of five years on Count Two.
pronounced, a district court's authority to modify a
sentence of imprisonment is narrowly limited by statute.
United States v. Phillips, 597 F.3d 1190, 1194-95
(11th Cir. 2010). But a district court may modify a
defendant's term of imprisonment where the defendant was
sentenced “based on a sentencing range that has
subsequently been lowered by the Sentencing
Commission.” 18 U.S.C. § 3582(c)(2). Under §
3582(c)(2), Grice has received two sentencing reductions.
2012, Defendant received a two-level sentence reduction under
Amendment 706. See U.S.S.G. App. C, Amend. 706
(2007); see also U.S.S.G. App C, Amend. 713 (2008)
(making Amendment 706 retroactive). “The effect of
Amendment 706 [was] to provide a two-level reduction in base
offense levels for crack cocaine offenses.” United
States v. Moore, 541 F.3d 1323, 1325 (11th Cir. 2008).
The court, on its own § 3582(c)(2) motion, reduced
Grice's base offense level by two (from 38 to 36),
resulting in an amended total offense level of 40. The court
then modified Grice's sentence, lowering it from 360
months to 324 months. (Doc. # 158.)
2017, Grice received another sentence reduction under
Amendment 782. (Doc. # 171.) Promulgated in 2014, Amendment
782 provided a two-level reduction in the base offense levels
for most drug quantities listed in the Drug Quantity Table in
U.S.S.G. § 2D1.1(c). U.S.S.G. Supp. App. C, Amend. 782
(2014). It was made retroactive by Amendment 788 to the
Sentencing Guidelines. U.S.S.G. Supp. App. C., Amend. 788
(2014). The court, again on its motion, reduced Grice's
base offense level by two levels, which resulted in an
amended base offense level of 34 and an amended total offense
level of 38. Consequently, Grice's sentence of
imprisonment was reduced from 324 months to 262 months.
(Docs. # 171, 172.)
argues that he is entitled to a sentence reduction under
Amendment 750. In 2011, the Sentencing Commission promulgated
Amendment 750, which was made retroactive, see
U.S.S.G. App. C, Amend. 759 (2011), allowing for sentence
reductions under § 3582(c)(2). Amendment 750
“revised the crack cocaine quantity tables in U.S.S.G.
§ 2D1.1 to conform to the Fair Sentencing Act of
2010.” United States v. Glover, 686 F.3d 1203,
1204 (11th Cir. 2012).
sentence reduction under Amendment 782 occurred after
Amendment 750 had been incorporated in the Sentencing
Guidelines. Both Amendment 750 and Amendment 782 lowered base
offense levels for drug offenses involving cocaine base.
Under Amendment 750, which increased the quantity of cocaine
base and its marijuana equivalencies required to establish a
base offense level of 38, Grice's base offense level
dropped two levels from 38 to 36. Amendment 782 again raised
the quantity of cocaine base for certain base offense levels,
resulting in another two-level drop in Grice's base
offense level from 36 to 34. (Compare U.S.S.G.
§ 2D1.1(c) (2011), with U.S.S.G. §
2D1.1(c) (2014). These calculations illustrate that the
reduction in Grice's base offense level under Amendment
782 gave Grice the benefit of the reduction under Amendment
750. He is not entitled to an additional sentence
on the foregoing, it is ORDERED that Grice's motion for a
reduction in his sentence under 18 U.S.C. § 3582(c)(2)
based upon Amendment 750 (Doc. # 188) and motion for
immediate release (Doc. # 188) are DENIED.
further ORDERED that Grice's motion to order the
Government to ...