Baxter v. USA

Filing 16

ORDER denying 12 Motion for Resentencing. Signed by Judge Stefan R. Underhill on 8/20/2013. (Carter, J.)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
CLYDE BAXTER, a.k.a
AChopper@,
Petitioner,

Case Nos.
3:07cr010 (SRU)
3:09cv368 (SRU)

v.
UNITED STATES OF AMERICA,
Respondent.
RULING ON MOTION FOR RESENTENCING
Clyde Baxter, pro se, moves this court, pursuant to 28 U.S.C. ' 3582(c)(2), to reconsider
his sentence in light of the Fair Sentencing Act of 2010 (“FSA”). A court may upon motion
reconsider a sentence when “a sentencing range … [has been] subsequently … lowered by the
Sentencing Commission.” 28 U.S.C. ' 3582(c)(2). According to Baxter, his sentencing exposure
has dropped because the FSA both reduced the mandatory minimum for certain drug offenses, and
narrowed the sentencing disparity between distribution of crack cocaine and powder cocaine.
Putting aside the question whether the FSA amendments qualify as reductions under
section 3582, Baxter’s motion fails on the merits. The Second Circuit has held that the FSA cannot
be applied retroactively to sentences imposed before Congress enacted the statute. In United States
v. Diaz, the appeals court explained that FSA did not apply to a defendant who “was convicted and
sentenced before the FSA was enacted.” 627 F.3d 930, 930 (2d Cir. 2010). Although the Supreme
Court has held that the Act applies to offenders who committed crimes before the FSA’s effective
date, but were sentenced after, the Court has not unsettled Diaz’s bright line rule. See Dorsey v.
United States, 132 S. Ct. 2321 (2012) (holding that FSA reductions apply to defendants whose
conduct occurred before passage of the FSA but who were sentenced after the act went into effect).

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Baxter was convicted on December 18, 2007, and was sentenced on April 3, 2008—over two years
before the passage of the FSA. Because Baxter falls squarely within Diaz’s ambit, his motion
(doc. # 12) is denied.
It is so ordered.
Dated at Bridgeport, Connecticut, this 20th day of August 2013.

/s/ Stefan R. Underhill
Stefan R. Underhill
United States District Judge

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