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United States v. Williams
April 14, 2010
UNITED STATES OF AMERICA, PLAINTIFF,
CORA WILLIAMS, DEFENDANT.
The opinion of the court was delivered by: Herndon, Chief Judge
Defendant Cora Williams has filed a pro se Motion for Retroactive Application of Sentencing Guidelines to Crack Cocaine Offense, pursuant to 18 U.S.C. § 3582 (Doc. 214). Administrative Order No. 102*fn1 was issued in this case (Doc. 215) and the Office of the Federal Public Defender ("FPD") for the Southern District of Illinois was appointed to represent Defendant in this matter for the purposes of determining whether a reduction of sentence pursuant to 18 U.S.C. § 3582 was appropriate. Protocol implemented by the FPD requires a review of Defendant's case to determine eligibility for a sentence reduction and then to either file an amended petition requesting said reduction if Defendant is determined to be eligible or else a motion to withdraw from representation if Defendant is found ineligible.
Also before the Court is the FPD's Motion to Withdraw (Doc. 226) on the basis that the FPD can make no non-frivolous arguments in support of a reduction pursuant to 18 U.S.C. § 3582(c). See Anders v. California, 386 U.S. 738, 744 (1967). The Court allowed Defendant time to file a response. To date, no response has been filed. The FPD has determined, after review of Defendant's case, that she is ineligible for a § 3582 sentence reduction. Amendments 706 and 711 amended U.S.S.G. § 2D1.1(c) as of November 1, 2007, to lower by two points the base offense levels associated with various amounts of crack cocaine. The Sentencing Commission amended U.S.S.G. § 2D1.1(c) intending to alter the disparity in sentences involving crack cocaine and sentences involving powder cocaine. Defendant, however, was sentenced on February 8, 2008 (Doc. 181), using the 2007 Sentencing Guidelines Manual and therefore the amended crack cocaine guideline was already applied so that she received a sentence of 84 months' imprisonment (Docs. 181 & 185).
Therefore, the Court lacks subject matter jurisdiction to consider her reduction request. See Forman, 553 F.3d at 588; Lawrence, 535 F.3d at 637- 38. The Court therefore GRANTS counsel's Motion to Withdraw (Doc. 226) and DISMISSES for lack of jurisdiction Defendant's pro se Motion for Retroactive Application of Sentencing Guidelines to Crack Cocaine Offense, pursuant to 18 U.S.C. § 3582 (Doc. 214). The Clerk is DIRECTED to mail a copy of this Order via U.S. mail to defendant Cora Williams, #07631-025, FCI Greenville, Inmate Mail/Parcels, P.O. Box 5000, Greenville, IL 62246.*fn2
David R Herndon Chief Judge United States ...
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