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United States v. Muldrow

United States District Court, D. Kansas

February 17, 2015

United States of America, Plaintiff,
v.
Lealon Muldrow, Defendant.

MEMORANDUM & ORDER

JOHN W. LUNGSTRUM, District Judge.

This matter is before the court on Mr. Muldrow's pro se motion for reduction of sentence pursuant to 18 U.S.C. § 3582(c)(2) in which Mr. Muldrow asks the court to reduce his sentence based on Amendment 782 to the United States Sentencing Guidelines.[1] The motion is dismissed as the court lacks the authority to revise Mr. Muldrow's sentence based on Amendment 782. Mr. Muldrow's base offense level as calculated in his presentence report was 38. Had Amendment 782 been in place at the time of Mr. Muldrow's sentencing, it would have lowered by two levels his base offense level to 36 rather than 38. However, Amendment 782 would have had no effect on the enhancements received by Mr. Muldrow-a 2-level enhancement for obstruction of justice and then 2-level enhancement for conducting drug activities near a school-which together would have brought his base offense level to 40. When combined with his criminal history category of V, an offense level of 40 would have resulted in a sentencing range of 360 months to life in prison-the same range as it was without application of Amendment 782. Because Mr. Muldrow's guideline range is thus unchanged by application of Amendment 782, he is ineligible for relief § 3582(c)(2).

IT IS THEREFORE ORDERED BY THE COURT THAT Mr. Muldrow's motion for reduction of sentence pursuant to 18 U.S.C. § 3582(c)(2) (doc. 231) is dismissed for lack of jurisdiction.

IT IS SO ORDERED.


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