U.S. v. LEWIS, 1:04-CR-268. (2012)
Court: District Court, W.D. Michigan
Number: infdco20120522941
Visitors: 7
Filed: May 21, 2012
Latest Update: May 21, 2012
Summary: MEMORANDUM OPINION AND ORDER ROBERT HOLMES BELL, District Judge. This matter is before the Court on defendant's Motion for Modification or Reduction of Sentence Pursuant to 18 U.S.C. 3582(c)(2) (docket #163). Based on a review of defendant's motion, the Sentence Modification Report, submissions by counsel on behalf of the defendant and the government, and the original criminal file, the Court has determined that the motion should be denied as follows: Defendant was sentenced to 120 months c
Summary: MEMORANDUM OPINION AND ORDER ROBERT HOLMES BELL, District Judge. This matter is before the Court on defendant's Motion for Modification or Reduction of Sentence Pursuant to 18 U.S.C. 3582(c)(2) (docket #163). Based on a review of defendant's motion, the Sentence Modification Report, submissions by counsel on behalf of the defendant and the government, and the original criminal file, the Court has determined that the motion should be denied as follows: Defendant was sentenced to 120 months cu..
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MEMORANDUM OPINION AND ORDER
ROBERT HOLMES BELL, District Judge.
This matter is before the Court on defendant's Motion for Modification or Reduction of Sentence Pursuant to 18 U.S.C. §3582(c)(2) (docket #163). Based on a review of defendant's motion, the Sentence Modification Report, submissions by counsel on behalf of the defendant and the government, and the original criminal file, the Court has determined that the motion should be denied as follows:
Defendant was sentenced to 120 months custody as to 9 counts of an Indictment charging activity involving crack cocaine, all counts to be served concurrently. Counts 1 and 16 carried mandatory minimum penalties of ten years. The Sentencing Guidelines provide that "where a statutorily required minimum sentence is greater than the maximum of the applicable guideline range, the statutorily required minimum sentence shall be the guideline sentence." USSG §5G1.1(b). Since Amendment 750 does not result in a lower guideline range due to the mandatory minimum sentence imposed, defendant is not eligible for a sentence reduction under 18 U.S.C. §3582(c)(2) and USSG §1B1.10.
Source: Leagle
