U.S. v. MENDEZ, 8:10-cr-100-T-30MAP. (2016)
Court: District Court, M.D. Florida
Number: infdco20161206959
Visitors: 21
Filed: Dec. 05, 2016
Latest Update: Dec. 05, 2016
Summary: ORDER JAMES S. MOODY, Jr. , District Judge . THIS CAUSE comes before the Court on Defendant's Motion to Reduce Sentence under 18 U.S.C. 3582(c)(2) (Doc. 397), based on Amendment 794 to the Sentencing Guidelines. The Court, having reviewed the motion and the relevant law, concludes the motion should be denied. Section 3582(c)(2) only permits a court to modify a prison sentence if the amendment is retroactively applicable. See U.S. Sentencing Guidelines Manual 1B1.10 (2016). "Amendmen
Summary: ORDER JAMES S. MOODY, Jr. , District Judge . THIS CAUSE comes before the Court on Defendant's Motion to Reduce Sentence under 18 U.S.C. 3582(c)(2) (Doc. 397), based on Amendment 794 to the Sentencing Guidelines. The Court, having reviewed the motion and the relevant law, concludes the motion should be denied. Section 3582(c)(2) only permits a court to modify a prison sentence if the amendment is retroactively applicable. See U.S. Sentencing Guidelines Manual 1B1.10 (2016). "Amendment..
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ORDER
JAMES S. MOODY, Jr., District Judge.
THIS CAUSE comes before the Court on Defendant's Motion to Reduce Sentence under 18 U.S.C. § 3582(c)(2) (Doc. 397), based on Amendment 794 to the Sentencing Guidelines. The Court, having reviewed the motion and the relevant law, concludes the motion should be denied.
Section 3582(c)(2) only permits a court to modify a prison sentence if the amendment is retroactively applicable. See U.S. Sentencing Guidelines Manual § 1B1.10 (2016). "Amendment 794 cannot be given retroactive effect in a § 3582(c)(2) proceeding." United States v. McNeill, No. 16-7080, 2016 WL 6936472, at *1 (4th Cir. Nov. 28, 2016). Defendant's motion, therefore, is improper.
Accordingly, it is ORDERED AND ADJUDGED that Defendant's motion (Doc. 397) is DENIED.
DONE and ORDERED.
Source: Leagle
