Free Response to Motion - District Court of Colorado - Colorado

Case 1:01-cr-00214-WYD

Document 3548

Filed 02/27/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 01-cr-00214-WYD UNITED STATES OF AMERICA, Plaintiff, v. 19. SAMMY LEE WOODS, Defendant.

GOVERNMENT RESPONSE TO DEFENDANT'S MOTION FOR REDUCTION OF SENTENCE UNDER TITLE 18 U.S.C. SECTION 3582 (DOC 3544)

The United States of America, by District of Colorado United States Attorney Troy A. Eid, through Assistant U.S. Attorney (AUSA) Guy Till (Government), hereby respectfully files the following response to the defendant's request for relief pursuant to Title 18 U.S.C. § 3582 (DOC 3544)(Motion). The defendant is asking for a reduction in his sentence because of the effect of Amendment 706. Motion ¶ 6. The Government respectfully asks the Court to take judicial notice of the contents of own files in deciding the merits of the defendant's request for relief. 1. The Government respectfully states and represents to the Court that the defendant was convicted of the charge of Conspiracy to distribute more than 50 grams of crack cocaine and was sentenced to a statutory minimum mandatory sentence of 240 months imprisonment. See DOC 3540.

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Case 1:01-cr-00214-WYD

Document 3548

Filed 02/27/2008

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2. The Sentencing Commission has not altered and cannot alter a statutory mandatory minimum sentence. See also § 1B1.10 app. note 1(A) (affirming that "a reduction in the defendant's term of imprisonment is not authorized under 18 U.S.C. § 3582(c) and is not consistent with this policy statement if . . . an amendment does not have the effect of lowering the defendant's applicable guideline range because of the operation of . . . another statutory provision (e.g., a statutory mandatory minimum term of imprisonment."). 3. Accordingly, as courts have consistently recognized, where a statutory mandatory minimum sentence is applicable the passage of a retroactive guideline amendment is irrelevant. See, e.g., United States v. Dimeo, 28 F.3d 240, 241 (1st Cir. 1994); United States v. Hanlin, 48 F.3d 121, 124-25 (3d Cir. 1995); United States v. Pardue, 36 F.3d 429 (5th Cir. 1994); United States v. Marshall, 95 F.3d 700, 701 (8th Cir. 1996); United States v. Mullanix, 99 F.3d 323, 324 (9th Cir. 1996); United States v. Smartt, 129 F.3d 539, 542 (10th Cir. 1997); United States v. Eggersdorf, 126 F.3d 1318, 1320 (11th Cir. 1997). 4. The Court does not have jurisdiction under Section 3582 to reduce a statutory minimum mandatory sentence. The defendant's Motion must be denied.

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Case 1:01-cr-00214-WYD

Document 3548

Filed 02/27/2008

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Respectfully submitted this 27th day of February 2008. TROY A. END UNITED STATES ATTORNEY

BY: s/ Guy Till GUY TILL Assistant United States Attorney United States Attorney's Office District of Colorado 1225 17th Street, Suite 700 Denver, CO 80202 (303) 454-0100 [email protected]

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Case 1:01-cr-00214-WYD

Document 3548

Filed 02/27/2008

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CERTIFICATE OF SERVICE I hereby certify that on this 27th day of February, 2008, I electronically filed the foregoing GOVERNMENT RESPONSE TO DEFENDANT'S MOTION FOR REDUCTION OF SENTENCE UNDER TITLE 18 U.S.C. SECTION 3582 (DOC 3544) with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Ronald Gainor, Esq. [email protected]

and I hereby certify that I have mailed or served the document or paper to the following nonCM/ECF participants in the manner indicated: Mr. Sammy Lee Woods 30425-013 Beale-B-Unit Memphis, TN 38138-0550 MEMPHIS FEDERAL CORRECTIONAL INSTITUTION Inmate Mail/Parcels P.O, BOX 34550 MEMPHIS, TN 38134

s/ Debbie Azua-Dillehay DEBBIE AZUA-DILLEHAY Legal Assistant Assistant United States Attorney United States Attorney's Office 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0100 FAX: (303) 454-0409 E-mail: [email protected]

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