United States District Court, District of Columbia
MEMORANDUM OPINION & ORDER
D. BATES, United States District Judge
the Court is  Johnson's motion for a sentence
modification under 18 U.S.C. § 3582(c)(2). For the
following reasons, the motion will be denied.
19, 2002, members of the Metropolitan Police Department were
patrolling in the 400 block of K Street, SE, in Washington,
DC. See Compl. & Statement of Facts [ECF No. 1]. Upon
seeing the police officers, Johnson ran away, clutching his
waistband; as he ran, he was observed throwing a pink object
into the bushes. Id. Johnson was stopped, and police
recovered a number of small pink bags containing a white
powder and substance, which field-tested positive for
opiates, and a loaded semiautomatic handgun. Id. A
search of the defendant also revealed $543.25 and three
hand-rolled cigarettes containing illicit drug material.
Id. Johnson was charged with three counts: (1)
unlawful possession with intent to distribute heroin, in
violation of 21 U.S.C. § 841(a)(1), (b)(1)(C); (2)
using, carrying, and possessing a firearm during a drug
trafficking offense, in violation of 18 U.S.C. §
924(c)(1); and (3) unlawful possession of a firearm by a
person convicted of a crime punishable by imprisonment of one
year or more, in violation of 18 U.S.C. § 922(g)(1). See
Indictment [ECF No. 6] at 1-2.
a jury trial, Johnson was found guilty on all counts.
See Judgment [ECF No. 27] at 1. At the time of his
sentencing, the applicable Guidelines range for Johnson was
262 to 327 months of imprisonment. Id. at 6. Johnson
was sentenced in February 2003 to 322 months'
incarceration. Id. at 2. The Court imposed a
sentence of 262 months on the heroin possession offense; 120
months' incarceration on the felon-in-possession offense,
to run concurrently with the heroin count; and 60 months'
incarceration for possession of a firearm during a drug
trafficking offense, to run consecutively to the other
counts. Id. at 2. The Court ordered Johnson's
sentence to be followed by a period of six years'
supervised release for the heroin possession, and three
years' supervised release on the other counts, to run
concurrently. Id. at 3.
9, 2017, Johnson filed a petition to modify his term of
imprisonment. See Pet, for Modification of an
Imposed Term of Imprisonment Pursuant to 18 U.S.C. §
3582(c)(2) ("Def.'s Mot.") [ECF No. 38] at 1.
He claims that he qualifies for a sentence reduction for
Count One pursuant to the Sentencing Commission's
Amendment 782, because he was sentenced to a term of
imprisonment based upon a sentencing range that was
subsequently lowered by the Sentencing Commission.
See Def.'s Mot. at 1-2. Amendment 782 reduces by
two the base offense levels assigned to drug quantities in
the Drug Quantity Table in U.S.S.G. § 2Dl.l(c), which
effectively lowers the Guidelines' minimum sentences for
drug offenses. See U.S.S.G. supp. to app. C, amend
782. The Amendment became effective on November 1, 2014 and
applies retroactively. Id.
claim, however, fails for two reasons. First, Johnson
received a career offender enhancement under U.S.S.G. §
4B1.1, because he was at least eighteen years of age at the
time of this conviction, the instant offense of conviction is
a felony that is either a crime of violence or a controlled
substance offense, and he had at least two prior convictions
of either a crime of violence or a controlled substance
offense. U.S.S.G. § 4Bl.l(a); see Sentencing Tr. [ECF
No. 33] at 5:12-:18. The base offense level on Count
Three-possession of a firearm by a person convicted of a
crime punishable by imprisonment by one year or more, in
violation of 18 U.S.C. § 922(g)(1)- was 24. U.S.S.G.
§ 2K2.1(a)(2); see Sentencing Tr. at4:4-:8. Johnson then
received a ten-level enhancement for Counts One and Three,
which brought the adjusted offense level to 34.U.S.S.G. §
4B1.1(a)(1); see Sentencing Tr. at 5:12-:24. Because Johnson
received the career offender enhancement, his base offense
level, and therefore his sentencing guideline, was based on
§ 4B1.1, rather than on the drug quantity table in
§ 2D 1.1. Amendment 782 therefore does not apply to him,
because the amendment did not affect § 4B1.1. See,
e.g., United States v. Quintanilla, 868 F.3d
315, 320 & n.8 (5th Cir. 2017) (collecting cases),
cert, denied, 138 S.Ct. 1283 (2018).
even if the career offender enhancement did not apply to
Johnson, Amendment 782 would not have changed the base
offense level for his drug offense. The base offense level
for Count One-possession with intent to distribute heroin-was
12, the lowest base offense level involving heroin.
See U.S.S.G. § 2D1.1. Johnson was in possession
of 2.4 grams of heroin, and, at that time, § 2D1.1
imposed abase offense level of 12 for5 grams or less of
heroin. See U.S.S.G. § 2D1.1(a)(3), (c)(l4)
(2002). Under the current version of the Guidelines, §
2D1.1 imposes a base offense level of 12 for 10 grams or less
of heroin. See U.S.S.G. §§ 2D1.1(a)(5),
(c)(l4) (2017). Therefore, his base offense level for the
drug offense in Count One remains unchanged.
motion for a sentence reduction is therefore
 Count Two-using, carrying and
possessing a firearm during a drug trafficking
offense-carried a five-year mandatory minimum, which had to
run consecutive ...