Filed: Jan. 19, 2016
Latest Update: Jan. 19, 2016
Summary: ORDER HOWARD D. McKIBBEN , District Judge . Rene L. Valladares, Federal Public Defender, and Nisha Brooks-Whittington, Assistant Federal Public Defender, have filed a motion to withdraw (#130) 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 N
Summary: ORDER HOWARD D. McKIBBEN , District Judge . Rene L. Valladares, Federal Public Defender, and Nisha Brooks-Whittington, Assistant Federal Public Defender, have filed a motion to withdraw (#130) 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 No..
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ORDER
HOWARD D. McKIBBEN, District Judge.
Rene L. Valladares, Federal Public Defender, and Nisha Brooks-Whittington, Assistant Federal Public Defender, have filed a motion to withdraw (#130) 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 received a sentence of the statutory minimum pursuant to the offense of conviction.
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.
Prior to the appointment of counsel, defendant filed a motion for sentence reduction under Amendment 782. The court does not find a response from the United States Attorney's office is necessary for a ruling on defendant's motion. Defendant was sentenced to the statutory minimum pursuant to the offense of conviction and is therefore ineligible for a sentence reduction under the amendment.
Accordingly, defendant's motion to withdraw (#130) is GRANTED.
Furthermore, defendant's motion for sentence reduction under Amendment 782(#127) is DENIED.
IT IS SO ORDERED.
