F.3d 585, 590 (7th Cir. 2009) (holding that because the defendant’s guideline range
remained the same after a retroactive guidelines amendment due to his career-offender
status, the amendment did not “have the effect of lowering the defendant’s applicable
guideline range because of the operation of another guideline”) (quoting USSG § 1B1.10
emt. n. 1(A)).
CONCLUSION
For the reasons set forth above, Hickman’s Motion for Sentence Reduction under

18 U.S.C. § 3582(c)(2) [73] is denied.

pmigletnatglt 2012 Vb.

(JOUN W. DARRAH
aN States District Court Judge



UNITED STATES DISTRICT COURT \

NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

UNITED STATES OF AMERICA, )
)
Plaintiff, )
)
v. )
) Case No. 02 CR 1216-1
RAQUEL HICKMAN, )
) Judge John W. Darrah
Defendant. )

MEMORANDUM OPINION AND ORDER

This matter comes before the Court on Defendant Raquel Hickman’s pro se
Motion for Sentence Reduction under 18 U.S.C. § 3582(c)(2), based on Amendment 750,
filed on November 8, 2011. The Government filed a response, and Hickman did not file
areply.

BACKGROUND

On December 9, 2003, pursuant to a written plea agreement, Hickman pled guilty
to one count of knowingly and intentionally distributing cocaine base (“crack”), in
violation of 21 U.S.C. § 841(a)(1). On April 18, 2005, Hickman was sentenced by this
Court to a term of 188 months’ imprisonment. In her plea agreement, Hickman stipulated
to manufacturing and distributing approximately 52.5 grams of crack cocaine. Pursuant
to the then-applicable version of United States Sentencing Guideline (“USSG”)

§ 2D1.1(a)(3), the parties agreed that the base offense level was 32 because the offense
and relevant conduct involved at least 50 grams but less than 150 grams of cocaine.

The parties further agreed that Hickman was a career offender pursuant to § 4B1.1

because the offense to which Hickman pled guilty was a controlled substance under



§ 4B1.1 and Hickman had two prior convictions for controlled substance offenses.
Therefore, Hickman’s base offense level was increased to 34. Hickman also received a
three-level reduction, pursuant to § 3E1.1(a) and § 3E1.1(b), for acceptance of
responsibility. Based on her criminal history, Hickman received a criminal history
category of VI. With a combined offense level of 31 and Criminal History Category VI,
Hickman’s Guideline range was 188 to 235 months’ imprisonment. Hickman was
sentenced to a term of imprisonment of 188 months and now seeks a reduction to a term
of 130 to 162 months’ imprisonment.
ANALYSIS

The Fair Sentencing Act of 2010 (“the Act”) reduced the disparity between
sentences related to cocaine and sentences related to crack. Pub. L. No. 111-220, 124
Stat. 2372 (2010). The Act reduced the statutory penalties for crack offenses and
contained directives requiring the Sentencing Commission to amend the Guidelines. Id.
at 2372-75. Amendment 748 to the Sentencing Guidelines, which was made effective on
November 1, 2010, amended the Drug Quantity Table in § 2D1.1 of the Sentencing
Guidelines. See USSG, App. C, Vol. III at 374-81. On June 30, 2011, the Sentencing
Commission voted to give Amendment 748 retroactive effect, to be designated
Amendment 750 in Appendix C of the Sentencing Guidelines. See 76 Fed. Reg. 41332-
35 (July 13, 2011). Amendment 750 went into effect on November 1, 2011. Jd. at
41332. Amendment 750 retroactively alters the base offense levels applicable to crack
offenses under § 2D1.1 of the Sentencing Guidelines.

Hickman seeks a reduction of her sentence pursuant to 18 U.S.C. § 3582(c)(2) and

Amendment 750 to the Sentencing Guidelines. In relevant part, § 3582(c)(2) provides:



in the case of a defendant who has been sentenced to a term of

imprisonment based on a sentencing range that has subsequently been

lowered by the Sentencing Commission . . . the court may reduce the term

of imprisonment, after considering the factors set forth in section 3553(a)

to the extent that they are applicable, if such a reduction is consistent with

applicable policy statements issued by the Sentencing Commission.
Importantly, § 1B 1.10(a)(2)(B) provides that “[a] reduction... is not authorized under
18 U.S.C. § 3582(c)(2) if... an amendment listed in subsection (c) does not have the
effect of lowering the defendant’s applicable guideline range.”

In this case, Hickman is “ineligible for a sentence reduction under 18 U.S.C.
§ 3582(c)(2) based on the Sentencing Commission’s amendments to the crack-cocaine
guidelines.” U.S. v. Griffin, 652 F.3d 793, 803 (7th Cir. 2011) (Griffin). As was the
defendant in Griffin, Hickman was sentenced under the career-offender provision
pursuant to § 4B1.1. This enhancement was unaffected by Amendment 750. As the
Court of Appeals explained in Griffin: “Because the amendments leave the career-
offender guideline unchanged and [defendant’s] offense level . . . and criminal-history

category of VI were based on that guideline, see U.S.S.G. § 4B1.1(b), the amendments do

not affect [defendant's] applicable guidelines range of 360 months to life.”! Id.

Accordingly, Hickman was not sentenced “based on a sentencing range that has
subsequently been lowered by the Sentencing Commission,” 18 U.S.C. § 3582(c)(2), and

she is not eligible for a reduction under § 3582(c)(2). See United States v. Forman, 553

" Under the Drug Quantity Table altered by Amendment 750, Hickman’s base
offense level is 26, which is the base level that corresponds to at least 28 grams but less
than 112 grams of crack. See USSG § 2D1.1(c). However, in this case, Hickman’s base
offense level is increased to 34, pursuant to § 4B1.1, because she is a career-offender.
With a three-level reduction for acceptance of responsibility pursuant to § 3E1.1(a) and
§ 3E(b)(1), Hickman’s total offense level remains unchanged at 31. Accordingly, with a
criminal history category of VI, Hickman’s Guideline range remains unchanged at 188 to
235 months’ imprisonment.