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U.S. v. FRANCO-FLORES, 3:06-CR-00144-LRH-(WGC)-1. (2015)

Court: District Court, D. Nevada Number: infdco20150616a52 Visitors: 19
Filed: Jun. 12, 2015
Latest Update: Jun. 12, 2015
Summary: ORDER LARRY R. HICKS , District Judge . Rene L. Valladares, Federal Public Defender, and Nisha Brooks-Whittington, Assistant Federal Public Defender, have filed a motion to withdraw (#65) as defendant's counsel of record. The court received and reviewed the reduction of sentence report on defendant prepared by Probation. The report concludes defendant is ineligible for a sentence reduction pursuant to 18 U.S.C. 3582(c)(2), Amendment 782, and pursuant to U.S.S.G. 1B1.10, effective Novemb
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ORDER

Rene L. Valladares, Federal Public Defender, and Nisha Brooks-Whittington, Assistant Federal Public Defender, have filed a motion to withdraw (#65) as defendant's counsel of record. The court received and reviewed the reduction of sentence report on defendant prepared by Probation. The report concludes defendant is ineligible for a sentence reduction pursuant to 18 U.S.C. § 3582(c)(2), Amendment 782, and pursuant to U.S.S.G. § 1B1.10, effective November 1, 2014, as he was sentenced to the statutory minimum sentence and in accord with 21 U.S.C. § 851(a)(1).

The court appointed defendant counsel to determine whether he qualifies for a reduction of sentence. Based upon Probation's report, counsel does not intend to file a motion for a reduction. The court will therefore grant the motion to withdraw.

Before being granted counsel, defendant filed a motion (#62) seeking Discretionary Relief pursuant to 18 U.S.C. § 3582(c)(2). The court does not find a response from the United States Attorney's office is necessary for a ruling on defendant's motion. The defendant was sentenced to the statutory minimum sentence available and is therefore not entitled to a reduction.

Accordingly,

IT IS HEREBY ORDERED that defendant's motion to withdraw (#65) is GRANTED.

IT IS FURTHER ORDERED that defendant's motion seeking Discretionary Relief pursuant to 18 U.S.C. § 3582(c)(2) (#62) is DENIED.

IT IS SO ORDERED.

Source:  Leagle

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