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U.S. v. MUMFORD, 4:13-cr-00119-1. (2015)

Court: District Court, S.D. Georgia Number: infdco20151008980 Visitors: 8
Filed: Oct. 07, 2015
Latest Update: Oct. 07, 2015
Summary: ORDER WILLIAM T. MOORE, Jr. , District Judge . On November 13, 2013, Defendant was sentenced by this Court to a 70-month custodial term for the offenses of possession of a firearm by a convicted felon and carrying a firearm during and in relation to drug trafficking. Defendant has since filed motions with this Court (Docs. 56 & 58) requesting consideration for a sentence reduction under 18 U.S.C. 3582(c) (2), pursuant to Amendment 782 to the United States Sentencing Guidelines. Defendant
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ORDER

On November 13, 2013, Defendant was sentenced by this Court to a 70-month custodial term for the offenses of possession of a firearm by a convicted felon and carrying a firearm during and in relation to drug trafficking. Defendant has since filed motions with this Court (Docs. 56 & 58) requesting consideration for a sentence reduction under 18 U.S.C. § 3582(c) (2), pursuant to Amendment 782 to the United States Sentencing Guidelines. Defendant also requests appointment of counsel.

Amendment 782, effective November 1, 2014, revised the guidelines applicable to drug trafficking offenses by changing how the base offense levels in the Drug Quantity Table in § 2D1.1 incorporate the statutory mandatory minimum penalties for such offenses.

Defendant was not convicted of a drug offense, nor was the § 2D1.1 guideline in any manner incorporated within his guideline calculations. Therefore, pursuant to U.S.S.G. § 1B1.10, Amendment 782 is not applicable to Defendant, and a reduction in Defendant's term of imprisonment is not authorized under 18 U.S.C. § 3582(c) (2).

As to Defendant's request for counsel, Defendants seeking sentence reductions pursuant to § 3582 have no statutory or constitutional right to appointed counsel, United States v. Webb, 565 F.3d 789, 795 (11th Cir. 2009), which the Court has determined unnecessary in this case.

Based on the foregoing, Defendant's Motions for Sentence Reduction pursuant to 18 U.S.C. § 3582(c) (2), as well as his request for counsel, are DENIED.

SO ORDERED.

Source:  Leagle

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