U.S. v. MORRIS, CR05-4085-MWB. (2015)
Court: District Court, N.D. Iowa
Number: infdco20150107777
Visitors: 8
Filed: Jan. 06, 2015
Latest Update: Jan. 06, 2015
Summary: ORDER MARK W. BENNETT, District Judge. This matter comes before the court on the defendant's motion to modify sentence (docket no. 262) and amended motion to modify sentence (docket no. 266). The defendant filed the former motion on June 17, 2013, and the latter motion on July 8, 2013. The court lacks the authority to further reduce the defendant's sentence under 18 U.S.C. 3582(c)(2) and USSG 1B1.10. Moreover, 18 U.S.C. 3582(c)(2) does not permit a court to determine whether the governmen
Summary: ORDER MARK W. BENNETT, District Judge. This matter comes before the court on the defendant's motion to modify sentence (docket no. 262) and amended motion to modify sentence (docket no. 266). The defendant filed the former motion on June 17, 2013, and the latter motion on July 8, 2013. The court lacks the authority to further reduce the defendant's sentence under 18 U.S.C. 3582(c)(2) and USSG 1B1.10. Moreover, 18 U.S.C. 3582(c)(2) does not permit a court to determine whether the government..
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ORDER
MARK W. BENNETT, District Judge.
This matter comes before the court on the defendant's motion to modify sentence (docket no. 262) and amended motion to modify sentence (docket no. 266). The defendant filed the former motion on June 17, 2013, and the latter motion on July 8, 2013. The court lacks the authority to further reduce the defendant's sentence under 18 U.S.C. § 3582(c)(2) and USSG §1B1.10. Moreover, 18 U.S.C. § 3582(c)(2) does not permit a court to determine whether the government should have relied on 18 U.S.C. § 3553(e) during the defendant's sentencing hearing. Accordingly, the defendant's motion to modify sentence (docket no. 262) and amended motion to modify sentence (docket no. 266) are denied.
IT IS SO ORDERED.
Source: Leagle
