United States District Court, D. South Dakota, Southern Division
MEMORANDUM OPINION AND ORDER DENYING MOTION FOR
Lawrence L. Piersol United States District Judge
Chitprasong Amphavannasouk filed a letter asking if he is
entitled to relief under section 404 of the First Step Act.
(Doc. 317.) The Court construed Defendant's letter as a
motion for a sentence reduction pursuant to the First Step
Act. The Assistant Federal Public Defender appointed to
represent individuals who file pro se pleadings seeking
relief under Section 404 of the First Step Act responded that
"it has no additional materials or information to
present to the Court and requests that the Court decide the
issues based on the previous submissions by Defendant."
(Doc. 321) The United States objects to Defendant's
motion for a sentence reduction. (Doc. 325.)
a Superseding Indictment (Doc. 1), Defendant was charged with
a drug trafficking conspiracy involving methamphetamine. On
June 24, 2004, a jury found Defendant guilty of the offense.
(Doc. 122.) Defendant was sentenced to imprisonment for 240
months. (Doc. 142.)
REGARDING THE FIRST STEP ACT
December 21, 2018, the President signed the First Step Act
into law. One section of the First Step Act, Pub. L. No.
115-391, § 404, 132 Stat. 5194 (2018), made retroactive
some provisions of the Fair Sentencing Act of 2010
("FSA"), Pub. Law 111-220; 124 Stat. 2372 (2010).
The FSA reduced the existing sentencing disparity between
crack cocaine and powder cocaine offenses. United States
v. Orr, 636 F.3d 944, 957 (8th Cir. 2011). Under Section
2 of the FSA, what used to be a 100:1 ratio between the
amount of powder and crack needed to trigger the mandatory
minimums became an 18:1 ratio. Id. Section 3 of the
FSA "eliminated the 5-year mandatory minimum for simple
possession of crack." Dorsey v. United States,
567 U.S. 260, 269-270 (2012).
2 and 3 of the FSA provide:
SEC. 2. COCAINE SENTENCING DISPARITY
(a) CSA. - Section 401(b)(1) of the Controlled Substances Act
(21 U.S.C. 841(b)(1)) is amended-
(1) in subparagraph A(iii), by striking "50 grams"
and inserting "280 grams"; and
(2) in subparagraph (B)(iii), by striking "5 grams"
and inserting "28 grams".
(b) IMPORT AND EXPORT ACT. - Section 1010(b) of the
Controlled Substances Import and Export Act (21 U.S.C.
960(b)) is amended~
(1) in paragraph (1)(C), by striking "50 grams" and
inserting "280 grams"; and
(2) in paragraph (2)(C), by striking "5 grams" and
inserting "28 grams".