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United States v. Baucum

United States District Court, District of Columbia

December 12, 2012

UNITED STATES of America
v.
Patrick BAUCUM, Defendant.

Page 157

Thomas Anthony Quinn, U.S. Attorney's Office, William Henry Kenety, V, U.S. Department of Justice, Washington, DC, for United States of America.

Mary Manning Petras, Federal Public Defender for D.C., Washington, DC, for Defendant.

MEMORANDUM OPINION

ROYCE C. LAMBERTH, Chief Judge.

Before the Court is defendant Patrick Baucum's Motion [95] to Reduce Sentence pursuant to 18 U.S.C. § 3582(c)(2). Upon consideration of defendant's Motion [95], the Probation Office's memorandum [96], the government's Opposition [97], defendant's Reply [98], the entire record herein, the applicable law, and for the reasons set forth below, defendant's motion will be granted in part and denied in part. Defendant's term of imprisonment will be reduced from 121 months to 120 months, but all other relief will be denied.

I. BACKGROUND

On November 5, 1992, a grand jury returned an indictment in this case, charging defendant with one count of unlawful possession with intent to distribute 50 grams or more of cocaine base (" crack" ) (Count 1) and one count of unlawful possession with intent to distribute cocaine base within 1,000 feet of a school (Count 2). On December 23, 1992, while in third party custody, defendant was arrested and charged with first degree murder, among other counts, in D.C. Superior Court. Criminal Case No. F-1302-02. On February 23, 1993, a grand jury returned a superseding indictment in this case, charging defendant with the above-mentioned Counts 1 and 2. On December 3, 1993, a petit jury returned guilty verdicts on both counts.

Page 158

On March 1, 1994, District Court Judge Norma Holloway Johnson dismissed Count 1 and sentenced defendant on Count 2 to 151 months of incarceration and ten years of supervised release. The sentence was based on the Court's finding, pursuant to the U.S. Sentencing Guidelines (" Guidelines" ), that defendant's offense involved 52.14 grams of crack cocaine within 1,000 feet of a school, resulting in a base offense level of 34. Because the defendant had no prior convictions at the time of his offense, his Criminal History Category was I. Thus, the applicable sentencing range was 151 to 188 months.

On March 1, 1996, Superior Court Judge Arthur Burnett, Sr. sentenced defendant to fifteen years to life for second degree murder while armed, to run consecutive to any sentence then being served; ten-to-thirty years for assault with intent to kill while armed, to run concurrently with the second degree murder while armed count; five-to-fifteen years for possession of a firearm during a crime of violence, to run consecutive to the second degree murder while armed count; and one year for carrying a pistol without a license, to run concurrently with the second degree murder while armed count. On July 4, 2003, Defendant filed a pro se Petition to Vacate, Reduce, and/or Run D.C. Sentence Concurrent to Federal Sentence Pursuant to D.C.Crim. R. 35(b). On January 20, 2004, Judge Burnett denied defendant's petition.

Defendant has been incarcerated since his arrest in the Superior Court matter on December 23, 1992. The Bureau of Prisons determined that he was to serve his Superior Court sentence first. On October 21, 2009, defendant was paroled on the Superior Court sentence and began serving his 151-month sentence in this matter.

On September 30, 2009, defendant filed a Motion to Reduce Sentence pursuant to 18 U.S.C. § 3582(c)(2) in light of Amendments 706 and 711 to the Guidelines, which retroactively reduced his offense level bye two points. Def.'s Mot. Reduce 1, ECF No. 81. On November 5, 2010, the Court granted in part defendant's motion and reduced his sentence from 151 months to a term of 121 months. Mem. & Order 1, ECF No. 87. Defendant now asks for a further reduction in his sentence, to a term of 78 months, pursuant to 18 U.S.C. § 3582(c)(2) based on Guidelines Amendments 748 and 750. Def.'s 2d Mot. Reduce 1-3, Apr. 12, 2012, ECF No. 95. The government does not object to lowering Mr. Baucum's sentence to the mandatory minimum effective at the time of his conviction— 120 months— but objects to any further lowering of his sentence.

II. LAW

Pursuant to 18 U.S.C. § 3582(c)(2), a district court may not modify a term of imprisonment once it has been imposed except where expressly permitted by statute or by Federal Rule of Criminal Procedure 35. 18 U.S.C. § ...


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