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United States v. McIntosh

United States District Court, District of Kansas

March 4, 2015

United States of America, Plaintiff,
v.
Samora McIntosh, Defendant.

Effective Date: November 1, 2015.

MEMORANDUM & ORDER

John W. Lungstrum United States District Judge

This matter is before the court on Mr. McIntosh’s pro se motion for reduction of sentence pursuant to 18 U.S.C. § 3582(c)(2) in which Mr. McIntosh asks the court to reduce his sentence based on Amendment 782 to the United States Sentencing Guidelines. The motion is granted to the extent set forth below as Mr. McIntosh is entitled to a one-month reduction in his sentence.

The court sentenced Mr. McIntosh to 67 months’ imprisonment after adjusting the sentence by 54 months from a low-end guideline sentence of 121 months to reflect the period of time that Mr. McIntosh had served in Arizona based on the same conduct. See U.S.S.G. § 5G1.3(b)(1). In essence, then, Mr. McIntosh received a low-end guideline sentence of 121 months with an offset for time already served in state custody. While Mr. McIntosh is eligible for a two-level reduction in his base offense level, he remains subject to the mandatory minimum sentence of 120 months pursuant to 21 U.S.C. §§ 841(b)(1)(A).[1] Thus, the court is only authorized to grant Mr. McIntosh a one-month reduction, from 121 months to 120 months. The statutory mandatory minimum precludes the court from sentencing Mr. McIntosh to less than 120 months. United States v. Randle, 508 Fed.Appx. 766, 768 (10th Cir. 2013) (on § 3582(c) motion, district court has no authority or discretion to depart from a statutorily mandated minimum sentence).

IT IS THEREFORE ORDERED BY THE COURT THAT Mr McIntosh s motion for reduction of sentence pursuant to 18 U.S.C. § 3582(c)(2) (doc. 1725) is granted as described herein and Mr. McIntosh’s sentence is reduced from 67 months to 66 months imprisonment. All other provisions of the judgment dated November 1, 2011 shall remain in effect.

IT IS SO ORDERED.


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