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United States v. Matthews

United States District Court, D. Hawaii

March 18, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
ROHSAAN MATTHEWS, Defendant.

          ORDER DENYING DEFENDANT'S MOTION FOR REDUCTION OF SENTENCE PURSUANT TO 18 U.S.C. § 3582(c)(2) & AMENDMENT 782 (ECF No. 30)

          HELEN GILLMOR, UNITED STATES DISTRICT JUDGE.

         Defendant Rohsaan Matthews, proceeding pro se, has filed a Motion seeking a sentence reduction pursuant to 18 U.S.C. § 3582(c)(2) and Amendment 782 to the United States Sentencing Guidelines. Defendant is not eligible to receive a reduction.

         Defendant's Motion for Reduction of Sentence Pursuant to 18 U.S.C. § 3582(c)(2) and Amendment 782 (ECF No. 30) is DENIED.

         PROCEDURAL HISTORY

         On August 19, 2015, Defendant Rohsaan Matthews was charged in an Information (ECF No. 1) as follows:

         Count 1 for knowingly and intentionally conspiring to distribute and possess with intent to distribute a quantity of methamphetamine, its salts, isomers and salts of its isomers, in violation of 21 U.S.C. § 841(a)(1) and 21 U.S.C. § 841(b)(1)(C).

         On August 27, 2015, Defendant Matthews pled guilty to Count 1 of the Information pursuant to a Memorandum of Plea Agreement (“Plea Agreement”). (ECF No. 8).

         On January 22, 2016, Defendant Matthews was sentenced to 78 months imprisonment. (ECF No. 27).

         Defendant Matthews did not appeal his conviction or his sentence.

         On January 7, 2019, Defendant, proceeding pro se, filed Motion for Reduction of Sentence Pursuant to 18 U.S.C. § 3582(c)(2) and Amendment 782. (ECF No. 30).

         ANALYSIS

         18 U.S.C. § 3582(c)(2) authorizes district courts, in some circumstances, to modify an imposed sentence in the case of a defendant who has been sentenced to a term of imprisonment based on a sentencing range that has subsequently been lowered by the Sentencing Commission. United States v. Dunn, 728 F.3d 1151, 1155 (9th Cir. 2013); see also 28 U.S.C. § 994(o).

         The United States Supreme Court has interpreted 18 U.S.C. § 3582(c)(2) as establishing a two-step inquiry. Dillon v. United States, 560 U.S. 817, 826-27 (2010).

         First, the Court must determine if a defendant is eligible for a sentence reduction based on a guideline that has been lowered by the Sentencing Commission after the date the ...


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