United States of America v. Hudson et al

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF OKLAHOMA
UNITED STATES OF AMERICA, 	)
)
Plaintiff, 	)
)
v. 	) 	Case No. CR-16-119-15-R
)
DARYL LLOYD IVEY, 	)
)
Defendant. 	)
ORDER
Defendant Daryl Lloyd Ivey is currently serving a 235-month term of imprisonment
for one count of possession with intent to distribute methamphetamine in violation of 21
U.S.C. § 841(a)(1). Now before the Court is Mr. Ivey’s pro se letter requesting a sentence
reduction under 18 U.S.C. § 3582(c)(2). The government responded in opposition [Doc.
No. 2044].
Section 3582(c)(2) “establishes an exception to the general rule of finality ‘in the
case of a defendant who has been sentenced to a term of imprisonment based on a
sentencing range that has subsequently been lowered by the Sentencing Commission
pursuant to 28 U.S.C. 994(o)’ and made retroactive pursuant to § 994(u).” Dillon v. United
States, 560 U.S. 817, 824 (2010) (quoting 18 U.S.C. § 3582(c)(2)). Mr. Ivey does not
identify a specific amendment to the U.S. Sentencing Guidelines but references an alleged
change to the way the guidelines treat “actual methamphetamine” and “mixture.” As the
government explained in its response, Mr. Ivey was held responsible for 406 grams of
actual methamphetamine resulting in a base offense level of 32. The current sentencing
Case 5:16-cr-00119-R Document 2048 Filed 01/08/26 Page 1 of 2

guidelines reflect the same base offense level. Because Mr. Ivey has not identified a
retroactive amendment that would lower his guideline range, he is not eligible for relief
under 18 U.S.C. § 3582(c)(2).
Accordingly, Defendant’s letter is DISMISSED.
IT IS SO ORDERED this 8 th day of January, 2026.
Case 5:16-cr-00119-R Document 2048 Filed 01/08/26 Page 2 of 2