United States District Court, E.D. North Carolina, Southern Division
C. DEVER, III CHIEF UNITED STATES DISTRICT JUDGE
November 18, 2010, pursuant to a written plea agreement,
Matthew Gerald Hendy ("Hendy") pleaded guilty to
conspiracy to possess with intent to distribute more than 50
kilograms but less than 100 kilograms of marijuana (count
one), money laundering (count three), and possession of a
firearm in furtherance of a drug trafficking crime (count
four). See [D.E. 33, 40]. On February 15, 2012, the court
held Hendy's sentencing hearing. See [D.E. 109, 110]. At
the hearing, the court adopted the facts set forth in the
Presentence Investigation Report ("PSR"). See Fed.
R. Crim. P. 32(i)(3)(A)-(B). The court calculated Hendy's
total offense level to be 31, his criminal history category
to be in, and his advisory guideline range to be 135 to 168
months' imprisonment on counts one and three, and 60
months' consecutive imprisonment on count four.
See Statement of Reasons. After granting the
government's motion under U.S.S.G. § 5K1.1 and 18
U.S.C. § 3553(e), and thoroughly considering all
relevant factors under 18 U.S.C. § 3553(a), the court
sentenced Hendy to 78 months' imprisonment on counts one
and three to run concurrently, and 60 months'
imprisonment on count four to run consecutively, for a total
term of 138 months' imprisonment. See Id. [D.E.
109, 110]. Hendy did not appeal.
6, 2015, Hendy moved for a sentence reduction pursuant to 18
U.S.C. § 3582(c)(2), U.S.S.G. § 1B1.10, and
Amendment 782 to the Sentencing Guidelines. See [D.E. 161].
Hendy's new advisory guideline range on counts one and
three is 108 to 135 months' imprisonment, based on a
total offense level of 29 and a criminal history category of
HI. See Resentencing Report. Hendy requests a 63-month
sentence on counts one and three to run consecutive to his
60-month sentence on count 4, resulting in a 123-month
sentence. See id.; [D.E. 161].
court has discretion to reduce Hendy's sentence under
Amendment 782. See, e.g.. Dillon v. United States.
560 U.S. 817, 827 (2010); United States v. Peters,
843 F.3d 572, 574 (4th Cir. 2016); United States v.
Patterson, 671 Fed.Appx. 105, 105-06 (4th Cir. 2016)
(per curiam) (unpublished); United States v. Cole,
618 Fed.Appx. 178, 178-79 (4th Cir. 2015) (per curiam)
(unpublished); United States v. Thomas, 546
Fed.Appx. 225, 225-26 (4th Cir. 2013) (per curiam)
(unpublished); United States v. Perez, 536 Fed.Appx.
321, 321 (4th Cir. 2013) (per curiam) (unpublished);
United States v. Smalls, 720 F.3d 193, 195-97 (4th
Cir. 2013); United States v. Mann, 709 F.3d 301,
306-07 (4th Cir. 2013); United States v. Stewart,
595 F.3d 197, 200 (4th Cir. 2010). In deciding whether to
reduce Hendy's sentence, the court finds that Hendy
engaged in serious criminal behavior. See PSR
¶¶ 10-12. Hendy was part of a large marijuana
trafficking organization that transported marijuana from
Canada and New York to New Hanover County, North Carolina.
Id. ¶ 10. In connection with the conspiracy,
Hendy and Randolph Campbell were arrested on Interstate 95 in
March 2008. Id. A North Carolina State Highway
Patrol officer tried to stop Hendy for speeding, and Campbell
(who was driving another car) attempted to distract the
officer by swerving into the officer's lane. Id.
Hendy was ultimately apprehended, and law enforcement seized
$192, 230 in U.S. currency, 35 grams of marijuana, and drug
packaging material. Id.
February 2009, two marijuana dealers sold approximately two
kilograms of marijuana to Hendy and two associates.
Id. Hendy and his associates shortchanged the
dealers and fled in a car with the marijuana. Id.
Later that evening, Hendy and bis two associates were
involved in a vehicle pursuit with the Wilmington Police
Department that resulted in the death of a Wilmington police
officer. Id., Hendy was in the backseat during the pursuit.
of the conspiracy, Hendy was accountable for possessing and
distributing at least 158 kilograms of marijuana and 872
grams of cocaine, and possessing a firearm in furtherance of
a drug trafficking crime. Id. ¶ 12. Moreover,
Hendy is a recidivist who has prior convictions for driving
while impaired, possessing marijuana, and trafficking
cocaine. See Id. ¶¶ 14-20. Nonetheless,
Hendy has taken some positive steps while incarcerated on his
federal sentence. See Resentencing Report; cf Pepper v.
United States, 562 U.S. 476, 491 (2011).
reviewed the entire record and all relevant policy
statements, the court finds that Hendy received the sentence
that was "sufficient, but not greater than
necessary" under 18 U.S.C. § 3553(a). Further
reducing Hendy's sentence would threaten public safety in
light of his serious criminal conduct and serious criminal
history. Cf U.S.S.G. § 1B1.10, cmt. n.1(B)(ii). Thus,
the court denies Hendy's motion for reduction of sentence
under Amendment 782. See, e.g.. Patterson, 671
Fed.Appx. at 105-06; Cole. 618 Fed.Appx. at 178-79;
Thomas, 546 Fed.Appx. at 225-26; Perez.
the court DENIES Hendy's corrected motion for reduction
of sentence [D.E. 161]. Hendy's motion for an ...