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UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

UNITED STATES OF AMERICA,

v. 4:89cr4033-WS

AARON HOFFMAN,

a/k/a DEVON HAYES,

Defendant.

 

ORDER DENYING DEFENDANT’S MOTION

FOR MODIFICATION OF SENTENCE

Before the court is the defendant’s motion for modification of sentence pursuant

to 18 U.S.C. § 3582(c)(2). Doc. 253. The government has responded in opposition to

the motion, doc. 255, and the defendant has filed a reply. Doc. 258. 

In 1990, the defendant, Aaron Hoffman (“Hoffman”), was found guilty of

conspiracy to possess with the intent to distribute cocaine base. At sentencing, the

court determine Hoffman’s base offense level to be 36, based upon evidence that the

offense involved over 500 grams of cocaine base. His base offense level was

increased by two levels for obstruction of justice, resulting in a total offense level of 38.

With a Category IV criminal history, Hoffman’s guideline range of imprisonment was

324-405 months. The court sentenced Hoffman to 360 months imprisonment. 

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Case No. 4:89cr4033-WS

Section 3582(c)(2) permits a court to reduce a defendant’s term of imprisonment

if a subsequent amendment to the sentencing guidelines lowers the relevant guideline

range. Hoffman contends that he is entitled to a reduction in sentence pursuant to

Amendment 591, made retroactive by U.S.S.G. § 1B1.10. In essence, Hoffman argues

that his sentence runs afoul of Amendment 591 because he was sentence based upon

a conspiracy involving more than 500 grams of cocaine base even though the

indictment charged, and the jury convicted him of, a conspiracy to possess 50 grams of

cocaine base. Hoffman is mistaken.

Appendix A of the guidelines manual connects offenses, identified by statute,

with guidelines set out in Chapter 2 of the manual. The Chapter 2 guidelines instruct

courts how to score various factors typical of a particular crime in calculating an offense

level. Amendment 591 amended the application rules in Chapter 1 to require

sentencing courts to select, except in limited circumstances, the Chapter 2 offense

guideline prescribed for the offense of conviction. With one exception not relevant here,

the amendment discontinued the practice adopted by some courts of selecting a

guideline section in Chapter 2 based on uncharged relevant conduct.

Hoffman was convicted of an offense under 21 U.S.C. § 846. When Hoffman

was sentenced, the guidelines provided that, for an offense under section 846, a

defendant’s base offense level was to be determined by applying guidelines section

2D1.4, which, in turn, required application of section 2D1.1. In Hoffman’s case, the

court used sections 2D1.4 and 2D1.1 as the starting point to calculate Hoffman’s

offense level. Amendment 591 effected no change to that starting point. 

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Case No. 4:89cr4033-WS

Because Hoffman was sentenced under the appropriate offense guideline

section for convictions under section 846, Amendment 591 does not entitle him to a

reduction of sentence.

Accordingly, it is ORDERED:

1. Hoffman’s motion for modification of sentence (doc. 253) is DENIED.

2. The clerk shall enter judgment accordingly.

DONE AND ORDERED this August 10, 2005.

 /s William Stafford 

WILLIAM STAFFORD

SENIOR UNITED STATES DISTRICT JUDGE

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