IN THE UNITED STATES DISTRICT COURT 

 FOR THE SOUTHERN DISTRICT OF OHIO 

 EASTERN DIVISION

 

UNITED STATES OF AMERICA, 

 Plaintiff, 

 v. Case No.: 2:13-CR-171 

 JUDGE SMITH 

WILLIAM RAMONE CLAY, 

 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. 42). Defendant was originally 

sentenced on January 22, 2014 to 33 months imprisonment for possession with intent to 

distribute cocaine. Defendant’s advisory sentencing guideline range was 27 to 33 months, based 

on an offense level 12 and criminal history category V. 

 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. 

 The parties agree 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 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 27 months, based on a new advisory 

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sentencing guideline range of 21 to 27 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 a reduction of 

Defendant’s term of incarceration is appropriate in light of the reduction in the applicable guideline 

range. The sentence of thirty-three (33) months incarceration previously imposed in this case is 

hereby reduced to a term of incarceration of twenty-seven (27) months. This reduction in sentence 

is within the amended guideline range. 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 42 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: February 11, 2015 

Effective Date: November 1, 2015 

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