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09-236 - USA v. DUVALL et al

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09-236 - USA v. DUVALL et al
February 1, 2013
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MEMORANDUM OPINION as to SEAN V. ALLEN. Signed by Chief Judge Royce C. Lamberth on 1/31/13. (rje, )
July 20, 2016
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MEMORANDUM OPINION AND ORDER as to DAVID A. DUVALL (1): Before the Court are defendant David Duvall's two separate motions 205 213 for sentence reductions under 18 U.S.C. § 3582(c)(2). While the first motion is based upon the retroactive application of U.S. Sentencing Guidelines' Amendment 750, which lowered the sentencing ranges for crack cocaine offenses, the second motion is based on Amendment 782, which applies more broadly and is commonly known as "all drugs minus two." Each motion must be analyzed under the "two-step inquiry" set forth in Dillon v. United States, which requires that courts first determine if a defendant is eligible for a reduction under § 3582(c)(2) and then determine whether or a not such a reduction is warranted according to the factors enumerated in 18 U.S.C. § 3553(a). 560 U.S. 817, 827 (2010). After considering Duvall's motion 205 for a sentence reduction under Amendment 750, the government's response 209, and Duvall's reply 211, as well as Duvall's motion 213 under Amendment 782, the government's response 224, Duvall's reply 227, the entire record in this case, and the applicable law, the Court will DENY both Duvall's pending motions 205 213. In short, Duvall is ineligible for a sentence reduction under 18 U.S.C. § 3582(c)(2) because his sentence was not "based on" a subsequently lowered range; moreover, even if the Court were authorized to reduce Duvall's sentence, such a reduction would be inconsistent with the sentencing factors in § 3553(a) and would therefore be unwarranted under the second step of Dhillon's two-part inquiry (see Order for details). Signed by Judge Royce C. Lamberth on 7/20/2016. (ad)