U.S. v. HALEY, CR08-4054-MWB. (2015)
Court: District Court, N.D. Iowa
Number: infdco20150721858
Visitors: 5
Filed: Jul. 20, 2015
Latest Update: Jul. 20, 2015
Summary: ORDER MARK W. BENNETT , District Judge . This matter comes before the court on the defendant's motion to reconsider (docket no. 47). The defendant filed such motion on June 11, 2015. The defendant states nothing that leads the court to a different determination. The court correctly determined that it could not rely on Amendment 782 (subject to subsection (e)(1)) to reduce the defendant's sentence. Indeed, USSG 1B1.10(b) and the corresponding commentary limit the extent of the reduction tha
Summary: ORDER MARK W. BENNETT , District Judge . This matter comes before the court on the defendant's motion to reconsider (docket no. 47). The defendant filed such motion on June 11, 2015. The defendant states nothing that leads the court to a different determination. The court correctly determined that it could not rely on Amendment 782 (subject to subsection (e)(1)) to reduce the defendant's sentence. Indeed, USSG 1B1.10(b) and the corresponding commentary limit the extent of the reduction that..
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ORDER
MARK W. BENNETT, District Judge.
This matter comes before the court on the defendant's motion to reconsider (docket no. 47). The defendant filed such motion on June 11, 2015. The defendant states nothing that leads the court to a different determination. The court correctly determined that it could not rely on Amendment 782 (subject to subsection (e)(1)) to reduce the defendant's sentence. Indeed, USSG §1B1.10(b) and the corresponding commentary limit the extent of the reduction that the court may grant. If the government did not make a motion to reflect a defendant's substantial assistance, the court may not reduce a defendant's sentence to a term of imprisonment that is less than the minimum of the amended guideline range. Because the court did not make a mistake, the defendant's motion to reconsider (docket no. 47) is denied.
IT IS SO ORDERED.
Source: Leagle
