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United States v. Dankwah

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK


December 17, 2007

UNITED STATES OF AMERICA,
v.
JOLADE DANKWAH, DEFENDANT.

The opinion of the court was delivered by: Gerard E. Lynch, District Judge

OPINION AND ORDER

Jolade Dankwah, a federal prisoner serving a 60-month sentence for conspiracy to import a controlled substance into the United States, moves pursuant to 18 U.S.C. § 3582(c)(2) and U.S.S.G. § 1B1.10(c) for a reduction in her sentence as a result of the Sentencing Commission's recent decision to reduce the sentencing guideline recommendations for offenses involving crack cocaine, and to make that reduction retroactive to affect previously sentenced prisoners. The motion will be denied.

Because the amendments in question do not take effect until March 3, 2008, the motion is premature. If the amendments had any conceivable potential to affect Dankwah's sentence, the Court would simply defer decision on the motion until the amendments come into force.

However, the amendments in question are inapplicable to Dankwah's case, for two separate reasons. First, the guidelines had no effect on Dankwah's sentence. Although the guideline recommendation, as calculated at the time of her sentence, suggested a sentence of 57-71 months, Dankwah received a sentence of 60 months, the mandatory minimum sentence for the offense to which she pled guilty, based on the nature and quantity of the controlled substance that she admitted to importing at the time of her guilty plea. 21 U.S.C. §§ 841(b)(1)(B), 846.

20071217

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