UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA, )
)
)
v. ) Criminal No. 07-207 (RJL)
)
RUSSELL CARLTON PALMER, )
)
Defendant. ) FILED
FEB 2 '" 2010
~ NAN bY rM¥~R WHITTINGTON CI E8..K
MEMORANDUM ORDER U.S. DISTi1ICT COURT
(February 2'S:, 2010) [# 22]
This matter comes before the Court on defendant Russell Palmer's motion
to reduce his sentence pursuant to 18 U.S.C. § 3582(c). In support of his motion,
Palmer points to Amendment 706,1 which reduced the base offense level for
certain crimes involving crack cocaine.
Palmer's motion must be summarily denied. First, as the Government
points out, he was sentenced after Amendment 706 was enacted. Indeed, Palmer
was sentenced on May 8, 2008, while Amendment 706 became active roughly five
months earlier. Therefore, Palmer cannot avail himself of 18 U.S.C. § 3582(c)(2),
which allows for a sentence reduction only if the defendant was sentenced based
on a range that was subsequently lowered by the Sentencing Commission.
Moreover, Palmer was sentenced pursuant to a statutory mandatory minimum.
I U.S.S.O. App'x C Supplement, Amendment 706 (Nov. 1, 2007).
Accordingly, he is "ineligible for relief under section 3582(c)(2)." United States
V. Cook, --- F.3d ----, 2010 WL 481270 at *6 (D.C. Cir. Feb. 12,2010).
F or these reasons, it is hereby
ORDERED that defendant's Motion for Modification of Term of
Imprisonment Under Title 18 U.S.c. Section 3582(c) and U.S.S.O. Section 1B 1.10
[# 22] is DENIED.
SO ORDERED. \
2~
RICHA J. ON
United States District Judge
2