U.S. v. CAMPAZ-GUERRERO, 8:09-CR-5-T-17-EAJ. (2015)
Court: District Court, M.D. Florida
Number: infdco20150903939
Visitors: 7
Filed: Sep. 02, 2015
Latest Update: Sep. 02, 2015
Summary: ORDER ELIZABETH A. KOVACHEVICH , District Judge . This cause comes before the Court on the defendant's motion for modification of sentence, the requested modification was based on the retroactive application of revised cocaine base sentencing guidelines (Doc. 192). The Court appointed counsel in this case but the Federal Public Defender satisfied the requirements in the 782 Omnibus Order and was allowed to withdraw. The Court allowed the defendant time to file a new motion to dismiss (Doc.
Summary: ORDER ELIZABETH A. KOVACHEVICH , District Judge . This cause comes before the Court on the defendant's motion for modification of sentence, the requested modification was based on the retroactive application of revised cocaine base sentencing guidelines (Doc. 192). The Court appointed counsel in this case but the Federal Public Defender satisfied the requirements in the 782 Omnibus Order and was allowed to withdraw. The Court allowed the defendant time to file a new motion to dismiss (Doc. ..
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ORDER
ELIZABETH A. KOVACHEVICH, District Judge.
This cause comes before the Court on the defendant's motion for modification of sentence, the requested modification was based on the retroactive application of revised cocaine base sentencing guidelines (Doc. 192). The Court appointed counsel in this case but the Federal Public Defender satisfied the requirements in the 782 Omnibus Order and was allowed to withdraw. The Court allowed the defendant time to file a new motion to dismiss (Doc. 73) but he failed to file any further motion. The Court has reviewed the motion, the Amended Assesment for the United States Probation Office, and the response to the motion by the government (Doc. 196). The Court concludes that the defendant is not eligible for a reduction in sentence based on the amended guidelines and adopts the position of the Probation Office and the government that the offense of conviction is not a drug offense. Accordingly, it is.
ORDERED that defendant's motion for modification of sentence be denied.
DONE AND ORDERED.
Source: Leagle
