IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

v. Case No.: 2:12-CR-150 (1)

JUDGE SMITH

CHEZSIRRAY O. OWENSBY,

Date of Original Judgment:

Defendant. January 22, 2014 

ORDER

This matter is before the Court on the Defendant’s Motion to Reduce Sentence, pursuant

to 18 U.S.C. §3582(c)(2), in an “Agreed Disposition Case.” (Doc. 140). Defendant was

originally sentenced on January 15, 2014 to 84 months imprisonment after pleading guilty to

conspiracy to possess with intent to distribute cocaine. Defendant’s advisory sentencing

guideline range was 184 to 105 months, based on an offense level 25 and criminal history

category IV. 

On November 1, 2014, the United States Sentencing Commission promulgated Guideline

Amendment 782, which reduced by two levels the offense levels assigned to the drug quantities

set forth in §2D1.1 of the United States Sentencing Guidelines, as well as parallel changes for

the listed chemicals found in §2D1.11. Defendants who are currently imprisoned for these drug

offenses are eligible for retroactive application of the guidelines as long as they meet certain

eligibility criteria.

Counsel for the government, defense counsel, and representatives of the United States

Probation Department have met and are in agreement that Defendant meets the Sentencing

Commission’s eligibility requirements for the retroactive application of Amendment 782 to his

case. After considering the original guideline range, the extent of any downward departure, the

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circumstances of Defendant’s case, and his behavior while incarcerated, the parties jointly

recommend a reduction of Defendant’s sentence to a term of incarceration of 70 months. 

Whether to grant a reduction of sentence pursuant to §3582(c)(2) is within the discretion

of the court. United States v. Ursery, 109 F.3d 1129, 1137 (6th Cir. 1997). In considering

whether a reduced sentence is appropriate, this court must consider the factors in 18 U.S.C.

§3553(a) to the extent that they are applicable. See §3582(c)(2). 

Upon consideration of Defendant’s motion, the statutory sentencing factors set forth in

§3553(a), and the joint recommendation of the parties, the Court concludes that Defendant’s

offense level should be reduced from a 25 to a 23, which yields a new advisory guideline range

of 70 to 87 months. Therefore, a reduction of Defendant’s term of incarceration is appropriate in

light of the reduction in the applicable guideline range. The sentence of 84 months incarceration

previously imposed in this case is hereby reduced to a term of incarceration of 70 months. 

Under Amendment 782, Defendant’s release date shall be no earlier than November 1, 2015. 

Except as provided above, all other provisions of the judgment previously entered in this case

shall remain in effect.

The Clerk shall remove Document 140 from the Court’s pending motion’s list.

IT IS SO ORDERED.

 /s/ George C. Smith 

GEORGE C. SMITH, JUDGE

UNITED STATES DISTRICT COURT

Order Date: April 16, 2015

Effective Date: November 1, 2015

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