United States District Court, D. Kansas
MEMORANDUM AND ORDER
KATHRYN H. VRATIL, United States District Judge
April 23, 2009, the Court sentenced defendant to 292 months
in prison. See Judgment In A Criminal Case (Doc.
#197). On February 9, 2015, the Court reduced defendant's
sentence to 235 months. See Order Regarding Motion For
Sentence Reduction Pursuant To 18 U.S.C. §
3582(c)(2) (Doc. #337). This matter is before the Court
on defendant's Motion For Sentence Reduction Under
Amendment 782 In Light Of The Supreme Court's Ruling In
Hughes V. United States (Doc. #393) filed June 11, 2018.
For reasons stated below, the Court overrules defendant's
January 15, 2009, defendant pled guilty under Rule
11(c)(1)(A), Fed. R. Crim. P., to conspiracy to distribute or
possess with intent to distribute marijuana and 50 grams or
more of cocaine base. See Petition To Enter Plea Of
Guilty And Order Entering Plea (Doc. #145).
Defendant's total offense level was 37, with a criminal
history category IV, resulting in a guideline range of 292 to
365 months. See Presentence Investigation Report
(“PSIR”), ¶ 94. The Court sentenced
defendant to 292 months in prison. On February 9, 2015, under
Amendment 782 to the Sentencing Guidelines and 18 U.S.C.
§ 3582(c)(2), the Court reduced defendant's sentence
to 235 months. See Order Regarding Motion For
Sentence Reduction Pursuant To 18 U.S.C. §
3582(c)(2) (Doc. #337).
11, 2018, defendant filed a motion to reduce his sentence
under Amendment 782 and Hughes v. United States, 138
S.Ct. 1765 (June 4, 2018).
federal district court may modify a defendant's sentence
only where Congress has expressly authorized it to do so.
See 18 U.S.C. § 3582(c); United States v.
Blackwell, 81 F.3d 945, 947 (10th Cir. 1996). Defendant
seeks relief under Section 3582(c)(2), which permits the
Court to reduce a sentence if defendant has been sentenced to
a term of imprisonment “based on a sentencing range
that has subsequently been lowered by the Sentencing
Commission pursuant to 28 U.S.C. 994(o).” 18 U.S.C.
§ 3582(c). To obtain relief under Section 3582(c)(2),
defendant must overcome three distinct hurdles: (1) under the
statute's “based on” clause, defendant must
show he was sentenced based on a guideline range the
Sentencing Commission lowered after his sentencing; (2) under
the statute's “consistent with” clause,
defendant must show that his request for a sentence reduction
is consistent with the Commission's policy statements and
(3) defendant must convince the district court that he is
entitled to relief in light of the sentencing factors found
in Section 3553(a). United States v. C.D., 848 F.3d
1286, 1289-90 (10th Cir. 2017). Under Tenth Circuit
precedent, the first hurdle is jurisdictional. Id.
United States Supreme Court recently held that a defendant
who pleads guilty under Rule 11(c)(1)(C) may seek relief
under Section 3582(c)(2) so long as the defendant's
guideline range was “part of the framework the district
court relied on in imposing the sentence or accepting the
agreement.” Hughes, 138 S.Ct. at 1775.
Defendant argues that under Hughes and Amendment
782, he is entitled to a reduced sentence. As explained
above, the Court previously granted defendant a two level
reduction in his total offense level under Amendment 782 and
reduced his sentence to 235 months, the low end of the
amended guideline range. Because Amendment 782 reduced
defendant's guideline range, the Court has jurisdiction
to consider defendant's successive Section 3582(c)(2)
motion. See United States v. Green, 886 F.3d 1300,
1306 (10th Cir. 2018) (Section 3582(c)(2) does not divest
district court of jurisdiction to consider second motion to
modify sentence under same amendment). Even so, the
Commission's policy statements do not authorize a further
reduction of defendant's sentence. See
U.S.S.G. § 1B1.10(b)(2)(A) (except in cases of
substantial assistance, court shall not reduce term of
imprisonment to less than minimum of amended guideline
range). Therefore the Court overrules defendant's motion
to reduce sentence.
IS THEREFORE ORDERED that defendant's Motion
For Sentence Reduction Under Amendment 782 In Light Of The
Supreme Court's Ruling In Hughes V. United States
(Doc. #393) filed June 11, 2018 is
 The PSIR determined that defendant was
accountable for 1.36 kilograms of cocaine base. See
PSIR, ¶ 60. Because defendant was accountable for at
least 500 grams but less than 1.5 kilograms of cocaine base,
his base offense level before adjustments was 34.
See U.S.S.G. § 2D1.1(c)(3) (2009 ed.). Under
the amended version of the Guidelines, because defendant was
accountable for at least 840 grams but less than 2.8
kilograms of cocaine base, his base offense level before
adjustments was reduced to 32. See U.S.S.G. §
2D1.1(c)(4) (2016 ed.).
 Even before Hughes, defendant
was eligible for a sentence reduction under Amendment 782
because he pled guilty under Rule 11(c)(1)(A).
Hughes addressed whether defendants who plead guilty
under Rule 11(c)(1)(C) are eligible for relief; it ...