United States District Court, E.D. North Carolina, Western Division
C. DEVER III Chief United States District Judge
February 8, 2010, Hines pleaded guilty pursuant to a plea
agreement to (1) possessing with intent to distribute 5 grams
or more of cocaine base (crack) in violation of 21 U.S.C.
§ 841(a)(1) (count one), and (2) possessing a firearm in
furtherance of a drug trafficking crime in violation of 18
U.S.C. § 924(c)(1)(A) (count three). See [D.E.
1, 30]. On September 8, 2010, the court held Hines's
sentencing hearing and held Hines accountable for 11.7 grams
of crack cocaine and 13, 721.4 grams of marijuana.
See Presentence Investigation Report
("PSR") ¶¶ 11, 48; Sentencing Tr. [D.E.
55] 11. Hines's total offense level was 23, and his
criminal history category was VI. Sentencing Tr. 11;
see U.S.S.G. § 2D 1.1 (c)(7) & cmt. n.
10(B), (D) (2010). Accordingly, Hines had an advisory
guideline range of 92 to 115 months' imprisonment on
count one. See id.; U.S.S.G. § 5A (sentencing table).
Hines's advisory guideline range on count three was
60-months' imprisonment consecutive to his sentence on
count one. See Sentencing Tr. 11. After considering all
arguments and the section 3553(a) factors, the court
sentenced Hines to 108 months' imprisonment on count one
and 60 months' imprisonment on count three, for a total
term of 168 months. See Sentencing Tr. 38-50; [D.E. 56].
Hines did not appeal.
4, 2012, Hines filed a pro se motion for a reduction of his
sentence on count one under 18 U.S.C. § 3582(c)(2) and
Amendments 750 and 759 to the United States Sentencing
Guidelines [D.E. 67]. On March 4, 2014, Hines, through
counsel, amended his section 3582 motion and asked for a new
sentence on count one of 63 months' imprisonment [D.E.
76]. On March 13, 2014, the government responded that Hines
was eligible for resentencing on count one [D.E. 77]. On
April 21, 2014, the court denied Hines's motion for a
sentence reduction [D.E. 78]. See [D.E. 67, 76]. On April 24,
2014, Hines appealed [D.E. 79]. On July 29, 2014, the United
States Court of Appeals for the Fourth Circuit affirmed this
court's order. See United States v.
Hines. 580 Fed.Appx. 155 (4th Cir. 2014).
November 17, 2015, Hines moved for a sentence reduction under
18 U.S.C. § 3582(c)(2), U.S.S.G. § 1B1.10, and
Amendment 782. See [D.E. 89]. Hines's new
advisory guideline range on count one is 51 to 63 months'
imprisonment, based on a total offense level of 17 and a
criminal history category of VI. See Resentencing
Report. Hines requests a 60-month sentence on count one.
See id.: [D.E. 89] 2.4.
court has discretion to reduce Hines's sentence on count
one 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 Hines's sentence, the court remains convinced
today, as it was on September 8, 2010, that Hines received
the sentence on count one that was sufficient but not greater
than necessary under 18 U.S.C. § 3553(a). Cf Sentencing
Tr. [D.E. 55] 11-24, 38-50. The court recognizes its
discretion to reduce the sentence on count one, but declines
to do so given Hines's serious criminal conduct and
serious criminal history, which includes convictions for
breaking and entering (seven counts), possession of a firearm
by a felon, felony sale of cocaine, and felony possession of
marijuana. See PSR¶¶ 7-25. Cf.
Thomas. 546 Fed.Appx. at 225-26: Perez. 536
Fed.Appx. at 321; Smalls. 720 F.3d at 196-97;
Stewart. 595 F.3d at 200. Hines also has performed
poorly on supervision and has little work history. See PSR
¶¶ 39-45. Hines has taken some positive steps while
incarcerated on his federal sentence, but he has been
sanctioned for failing to follow safety regulations, assault
without serious injury, and being absent from assignment.
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 Hines received the sentence
that was "sufficient, but not greater than
necessary" under 18 U.S.C. § 3553(a). Further
reducing Hines's sentence would threaten public safety in
light of his serious criminal conduct, serious criminal
history, and misconduct while incarcerated. Cf U.S.S.G.
§ 1B1.10, cmt. n.l(B)(ii). Thus, the court denies
Hines'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. 536
Fed.Appx. at 321.
the court DENIES Hines's motion for reduction of ...