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United States v. Williams

United States District Court, N.D. Georgia, Atlanta Division

February 6, 2018

UNITED STATES OF AMERICA,
v.
GEORGE TRAVIS WILLIAMS, Defendant.

          OPINION AND ORDER

          WILLIAM S. DUFFEY, JR. UNITED STATES DISTRICT JUDGE.

         This matter is before the Court on Defendant George Travis Williams' (“Defendant”) Motion for Reconsideration of the Court's Denial of Defendant's Motion to Reduce Sentence Under Amendment 782 [308] (“Motion for Reconsideration”) and Motion Seeking Permission to Supplement Relief Requested Under 18 U.S.C. § 3582(c)(2) [309] (“Motion to Supplement”).

         I. BACKGROUND

         On June 26, 1991, Defendant was convicted by a jury of one count of conspiracy to distribute more than 50 grams of cocaine base (“crack”), in violation of 21 U.S.C. §§ 841(a)(1) and 846, one count of possession of more than 50 grams of cocaine base, in violation of 21 U.S.C. § 841(a)(1), and one count of traveling in interstate commerce with intent to distribute cocaine base, in violation of 18 U.S.C. §§ 2 and 1952(a)(3). ([133]; Presentence Investigation Report (“PSR”) ¶¶ 2-4). On January 30, 1992, the Court sentenced Defendant to the bottom of the Guidelines range of three hundred sixty (360) months imprisonment with ten (10) years of supervised release. ([166]). At sentencing, the Court held Defendant accountable for 10 kilograms of cocaine base, and calculated the Guidelines range as follows:

Base offense level: 36
Role:
Total offense level: 38
Criminal history category: V
Resulting Guidelines range: 360 months - Life

([304.1]). On December 3, 1993, the Eleventh Circuit Court of Appeals affirmed Defendant's conviction and sentence on direct appeal. ([183]).

         On January 23, 2015, Defendant filed his Motion to Reduce Sentence Under Amendment 782 [300] (“Amendment 782 Motion”).[1] Defendant sought to reduce his sentence pursuant to Amendment 782 to the United States Sentencing Guidelines (U.S.S.G.), which provides for a two (2) point reduction in the base offense level for certain drug offenses. See U.S.S.G. App C, amend. 782 (2014).

         On February 18, 2016, the Government filed its Response in Opposition [304] to Defendant's Amendment 782 Motion, in which it argued that Defendant was not entitled to a sentence reduction because Defendant's total offense level was not reduced under Amendment 782. The Government explained that Defendant's “offense level remains 38 because of the amount of drugs he was accountable for (10 kilograms of cocaine base) and no further reductions apply. . . . [Defendant's] resulting Guidelines range remains 360 months - life.” ([304] at 2). The United States Probation Office confirmed that Defendant was not eligible for a sentence reduction under Amendment 782. (See [304.1]).

         On August 10, 2016, the Court denied Defendant's Amendment 782 Motion. ([307]). The Court explained that

Defendant was sentenced applying a total offense level of thirty-eight (38). Amendment 782, and the two (2) base offense reduction it requires, does not reduce Defendant's total offense level. (See Government's Response [304]). Accordingly, Defendant is not entitled to a sentence ...

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