UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY
March 10, 2010
UNITED STATES OF AMERICA PLAINTIFF,
RONALD E. ALLEN, DEFENDANT.
The opinion of the court was delivered by: Debevoise, Senior District Court Judge
Defendant, Ronald E. Allen, moves pursuant to 18 U.S.C. § 3582(c)(2) for a reduction of sentence.
On January 18, 1996, the Honorable Alfred J. Lechner sentenced Defendant to a 180 month term of imprisonment for the crime of car jacking. Defendant contends that numerous errors were made when calculating his criminal history, as a result of which "(15) points total were unlawfully added on Allen's record." (Motion pg. 3). If correctly calculated "Allen's Criminal History Score would place him in a lower Criminal History Category, reducing his guideline range from 180 months to 151-188 months" (Motion pg. 2).*fn1 Defendant faults his attorney for failure to argue for a proper calculation of his Criminal History Score.
Title 18 § 3582(c)(2) provides:
(2) 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 pursuant to 28 U.S.C. 994(o), upon motion of the defendant or the Director of Bureau of Prisons, or on its own motion, the court may reduce the term of imprisonment, after considering the factors set forth in section 3553(a) to the extent that they are applicable, if such a reduction is consistent with applicable policy statements issued by the Sentencing Commission.
Defendant was not sentenced to a term of imprisonment based on a sentencing range that has subsequently been lowered by the Sentencing Commission pursuant to 28 U.S.C. 994(o). Consequently that statutory provision provides him with no grounds for relief. The Court is unaware of any other statute that, at this late date, provides a basis for the relief Defendant seeks, and consequently the motion must be denied. The Court will file an order implementing this determination.
DICKINSON R. DEBEVOISE U.S.S.D.J.