Filed: Jul. 30, 2015
Latest Update: Jul. 30, 2015
Summary: ORDER ROBERT J. CONRAD, Jr. , District Judge . THIS MATTER is before the Court upon motions of the defendant for a reduction of sentence based on retroactive amendments to the United States Sentencing Guidelines regarding drug offenses, (Doc. Nos. 48, 52), counsel's notice of ineligibility, and related pleadings. The defendant was sentenced on June 7, 2010, to 120 months' imprisonment on a drug offense and 60 consecutive months on a firearm offense, the applicable mandatory minimum punish
Summary: ORDER ROBERT J. CONRAD, Jr. , District Judge . THIS MATTER is before the Court upon motions of the defendant for a reduction of sentence based on retroactive amendments to the United States Sentencing Guidelines regarding drug offenses, (Doc. Nos. 48, 52), counsel's notice of ineligibility, and related pleadings. The defendant was sentenced on June 7, 2010, to 120 months' imprisonment on a drug offense and 60 consecutive months on a firearm offense, the applicable mandatory minimum punishm..
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ORDER
ROBERT J. CONRAD, Jr., District Judge.
THIS MATTER is before the Court upon motions of the defendant for a reduction of sentence based on retroactive amendments to the United States Sentencing Guidelines regarding drug offenses, (Doc. Nos. 48, 52), counsel's notice of ineligibility, and related pleadings.
The defendant was sentenced on June 7, 2010, to 120 months' imprisonment on a drug offense and 60 consecutive months on a firearm offense, the applicable mandatory minimum punishments. (Doc. No. 27: Judgment at 1-2; Doc. No. 49: Supplemental Presentence Report at 1). Accordingly, the changes in the guidelines do not affect the defendant's sentence. Neal v. United States, 516 U.S. 284, 296 (1996) (retroactive amendment to guidelines does not alter statutory mandatory minimum); United States v. Hood, 556 F.3d 226, 233 (4th Cir. 2009).
IT IS, THEREFORE, ORDERED that the defendant's motions, (Doc. Nos. 48, 52), are DENIED.
The Clerk is directed to certify copies of this order to the defendant, the Community Defender, the United States Attorney, the United States Marshals Service, and the United States Probation Office.