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IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

GAINESVILLE DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

v. CASE NO. 1:97-cr-00011-MP-AK

RODERICK LEANDER DAWSON,

Defendant.

_____________________________/

O R D E R

This matter is before the Court on Doc. 507, a motion to reduce sentence under 18 U.S.C.

§ 3582(c)(2), filed by the defendant, Roderick Leander Dawson. The Court previously held that

Defendant is not entitled to a reduced sentence under § 3582(c)(2) as a result of Amendments

706 and 711 to the United States Sentencing Guidelines (“Guidelines”), which lowered by two

levels the Base Offense Level assigned to each threshold quantity of cocaine base listed in the

Drug Quantity Table in U.S.S.G. § 2D1.1. See Docs. 489 and 492. Defendant then filed an

untimely appeal, which the Eleventh Circuit dismissed. This matter having already been

considered, the Court construes Defendant’s motion as a motion for reconsideration under Rule

60(b)(6) of the Federal Rules of Civil Procedure. For the reasons stated below, the Court will

grant the motion for reconsideration, vacate its order denying Defendant’s motion for a reduced

sentence, and lower Defendant’s sentence on counts one and two to concurrent terms of 168

months’ imprisonment. 

At Defendant’s original sentencing, the Court found Defendant responsible for 666.5

grams of cocaine base, which gave Defendant a Base Offense Level of 36. The Court then added
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Case No: 1:97-cr-00011-MP-AK

enhancements for possessing a dangerous weapon (two points), having an organizational and

leadership role (four points), and obstructing justice (two points). The Court also subtracted

three points for Defendant’s acceptance of responsibility, resulting in a Total Offense Level of

41. On limited remand, however, the Court eliminated the two-point enhancement for

obstruction of justice and reduced the amount of drugs for which Defendant was responsible by

191 grams to 475.5 grams. Doc. 314. 

As Defendant correctly points out in his motion, the Court’s denial of his motion for a

reduced sentence was based on the erroneous presupposition that Defendant was still responsible

for 666.5 grams of cocaine base. Because Defendant was in fact held responsible for only 475.5

grams of cocaine base, Defendant’s Base Offense Level is 32. Guidelines § 2D1.1(c)(4). After

adding in Defendant’s enhancements for possessing a dangerous weapon (two points) and having

an organizational and leadership role (four points), and after subtracting three points for

Defendant’s acceptance of responsibility, Defendant’s Total Offense Level is 35. Defendant

falls into Criminal History Category I. Therefore, the recommended sentencing range for

Defendant under the amended Guidelines is 168-210 months. Because the amendments to the

Guidelines had the effect of lowering the recommended sentencing range for Defendant, the

Court has the discretion to grant or deny Defendant’s motion for a reduced sentence under §

3582(c)(2). Upon consideration, the Court finds that a reduction in Defendant’s sentence to a

total term of 168 months’ imprisonment, which, like Defendant’s original sentence, is on the 
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Case No: 1:97-cr-00011-MP-AK

lower end of the suggested Guidelines range, is warranted. Accordingly, it is hereby

ORDERED AND ADJUDGED:

1. Defendant’s motion for reconsideration (Doc. 507) is GRANTED. 

2. The Court’s May 9, 2008, order denying Defendant’s motion for a reduced

sentence (Doc. 489) is VACATED, and Defendant’s motion for a reduced

sentence (Doc. 488) is GRANTED.

3. The sentence imposed upon the defendant on April 16, 1999, (Doc. 311) and the

judgment entered thereon on April 23, 1999, (Doc. 314) is amended as follows: 

“The defendant is hereby committed to the custody of the United

States Bureau of Prisons to be imprisoned for a term of 168

months as to Count 1 and 168 months as to Count 2, the terms to

run concurrent with one another.”

DONE AND ORDERED this 31st day of July, 2009

 s/Maurice M. Paul 

 Maurice M. Paul, Senior District Judge