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U.S. v. Saunders, 8:09-cr-436-T-26TGW. (2019)

Court: District Court, M.D. Florida Number: infdco20190118821 Visitors: 14
Filed: Jan. 17, 2019
Latest Update: Jan. 17, 2019
Summary: ORDER RICHARD A. LAZZARA , District Judge . UPON FURTHER REFLECTION, it is ORDERED AND ADJUDGED that Defendant's pro se Motion for Modification Pursuant to Title 18 U.S.C. 3582(c)(2) (Dkt. 50) is denied without prejudice. See United States v. Berry, 701 F.3d 374 , 377 (11th Cir. 2012) (stating that "[t]he problem for [Defendant] is the [Fair Sentencing Act] is not a guideline amendment by the Sentencing Commission, but rather a statutory change by Congress, and thus it does not s
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ORDER

UPON FURTHER REFLECTION, it is ORDERED AND ADJUDGED that Defendant's pro se Motion for Modification Pursuant to Title 18 U.S.C. § 3582(c)(2) (Dkt. 50) is denied without prejudice. See United States v. Berry, 701 F.3d 374, 377 (11th Cir. 2012) (stating that "[t]he problem for [Defendant] is the [Fair Sentencing Act] is not a guideline amendment by the Sentencing Commission, but rather a statutory change by Congress, and thus it does not serve as a basis for a § 3582(c)(2) sentence reduction in [Defendant's] case."). The Government is relieved of the responsibility of responding to the motion.

DONE AND ORDERED.

Source:  Leagle

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