United States v. David Powers

MEMORANDUM

Defendant David Sompett Powers appeals the denial of his motion to reduce his sentence pursuant to 18 U.S.C. § 3582 (c)(2). We have jurisdiction under 28 U.S.C. § 1291 , and we reverse and remand.

In October 1997, Powers was indicted in a First Superseding Indictment for one count of conspiracy, in violation of 21 U.S.C. § 846 ; fourteen counts of distributing, or possessing with intent to distribute, cocaine powder and cocaine base (“crack cocaine”), in violation of 21 U.S.C. § 841 (a)(1); two counts of using and carrying a firearm during a drug trafficking crime, in violation of 18 U.S.C. § 924 (c)(1); and one count of possession of stolen firearms, in violation of 18 U.S.C. § 922 (j). Pursuant to a Federal Rule of Criminal Procedure 11(e)(1)(C) agreement, Powers agreed to plead guilty to a single count of intent to distribute a Schedule II controlled substance in exchange for the government’s dismissal of the remaining counts. The district court accepted the agreement and imposed the stipulated sentence of 210 months.

Effective November 1, 2007, the Sentencing Commission amended the sentencing guideline affecting crack cocaine convictions, reducing by two levels…