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U.S. v. Butler, 2:04-CR-00019-MCE. (2016)

Court: District Court, E.D. California Number: infdco20160217731 Visitors: 4
Filed: Feb. 12, 2016
Latest Update: Feb. 12, 2016
Summary: ORDER MORRISON C. ENGLAND, Jr. , Chief District Judge . The Court has reviewed the parties' submissions with respect to Defendant Rodney Butler's ("Defendant") Motion to Reduce Sentence. ECF No. 166. Before it can issue a decision on the matter, however, the Court requires further briefing from the Government on the following question: What affect, if any, does U.S.S.G 1B1.10(b)(2)(B) have on the Government's argument that "[b]ecause the low-end of the defendant's career offender guideli
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ORDER

The Court has reviewed the parties' submissions with respect to Defendant Rodney Butler's ("Defendant") Motion to Reduce Sentence. ECF No. 166. Before it can issue a decision on the matter, however, the Court requires further briefing from the Government on the following question:

What affect, if any, does U.S.S.G § 1B1.10(b)(2)(B) have on the Government's argument that "[b]ecause the low-end of the defendant's career offender guideline range (292 to 365 months) exceeds the sentence that this Court originally imposed (240 months), he is ineligible for a sentence reduction."

ECF No. 183 at 4.

Not later than ten (10) days following the date this Order is electronically filed, the Government is directed to a file a brief with the Court addressing this issue.

IT IS SO ORDERED.

Source:  Leagle

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