Free Order on Motion to Reduce Sentence re Crack Cocaine Offense - 18:3582 - District Court of Colorado - Colorado

Case 1:00-cr-00135-WDM

Document 135

Filed 07/07/2008

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Walker D. Miller

Criminal Action No. 00-cr-00135-WDM UNITED STATES OF AMERICA, Plaintiff, v. ERICH VANARD CRAWFORD, Defendant. ___________________________________________________________________ ORDER ___________________________________________________________________

This matter is before me on Defendant's Motion for Modification of an Imposed Term of Imprisonment Pursuant to 18 U.S.C. § 3582(c)(2). The Government has responded pursuant to my order. The Defendant's motion is based upon a false premise, namely that the Guideline calculation of his sentence was based upon an enhancement for use of a firearm. In fact, the specific offense characteristic pursuant to U.S.S.G. § 2B3.1(b)(2) was not included in the Guideline calculations for the very reason Defendant argues, namely that Defendant also pled guilty to a violation of 18 U.S.C. § 924(c) and was sentenced to the mandatory term of 120 months, consecutive to the Guideline calculated sentence for armed bank robbery. In sum, Defendant was sentenced for his § 924(c) violation pursuant to U.S.S.G. § 2K2.4 and, as a result, no enhancement was made pursuant to U.S.S.G. § 2B3.1(b)(2). Accordingly, it is ordered that Defendant's

Case 1:00-cr-00135-WDM

Document 135

Filed 07/07/2008

Page 2 of 2

motion (doc. no. 129) is denied. DATED at Denver, Colorado, on July 7, 2008 BY THE COURT:

s/ Walker D. Miller United States District Judge

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