U.S. v. FILSAIME, 8:05-CR-405-T-17EAJ. (2012)
Court: District Court, M.D. Florida
Number: infdco20120207891
Visitors: 4
Filed: Feb. 06, 2012
Latest Update: Feb. 06, 2012
Summary: ORDER ELIZABETH A. KOVACHEVICH, District Judge. This cause is before the Court on: Dkt. 47 Report and Recommendation Dkt. 46 Motion for Leave to Appeal IFP The assigned Magistrate Judge has entered a Report and Recommendation in which it is recommended that Defendant's Motion be denied. The Court has independently reviewed the pleadings, and notes that Defendant has filed no objection to the Report and Recommendation. As noted in the Report and Recommendation, Defendant Filsaime sought a se
Summary: ORDER ELIZABETH A. KOVACHEVICH, District Judge. This cause is before the Court on: Dkt. 47 Report and Recommendation Dkt. 46 Motion for Leave to Appeal IFP The assigned Magistrate Judge has entered a Report and Recommendation in which it is recommended that Defendant's Motion be denied. The Court has independently reviewed the pleadings, and notes that Defendant has filed no objection to the Report and Recommendation. As noted in the Report and Recommendation, Defendant Filsaime sought a sen..
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ORDER
ELIZABETH A. KOVACHEVICH, District Judge.
This cause is before the Court on:
Dkt. 47 Report and Recommendation Dkt. 46 Motion for Leave to Appeal IFP
The assigned Magistrate Judge has entered a Report and Recommendation in which it is recommended that Defendant's Motion be denied.
The Court has independently reviewed the pleadings, and notes that Defendant has filed no objection to the Report and Recommendation. As noted in the Report and Recommendation, Defendant Filsaime sought a sentence reduction pursuant to 18 U.S.C. Sec. 3582(c)(2). However, at sentencing Defendant Filsaime was subject to a statutory mandatory minimum sentence, and a sentence reduction under Guidelines Amendment 750 is not authorized under 18 U.S.C. Sec. 3582(c)(2). Defendant raised additional challenges to his sentence, but the issues were not raised in Defendant's previous appeal of the denial of a sentence reduction.
After consideration, the Court adopts and incorporates the Report and Recommendation. Accordingly, it is
ORDERED that the Report and Recommendation is adopted and incorporated by reference. Defendant Filsaime's Motion to Proceed IFP on appeal is denied.
Source: Leagle
