U.S. v. ATKINS, 1:04-CR-299. (2015)
Court: District Court, W.D. Michigan
Number: infdco20150416c25
Visitors: 19
Filed: Apr. 14, 2015
Latest Update: Apr. 14, 2015
Summary: MEMORANDUM OPINION AND ORDER ROBERT HOLMES BELL , District Judge . Defendant Eugene Atkins has filed a motion for modification or reduction of sentence (ECF No. 150) pursuant to 18 U.S.C. 3582(c)(2) on the basis of Amendment 782 of the United States Sentencing Guidelines, made retroactive by the Sentencing Commission. Section 3582(c)(2) permits a court to reduce the term of imprisonment of a defendant who has been sentenced based on a sentencing range that has subsequently been lowered b
Summary: MEMORANDUM OPINION AND ORDER ROBERT HOLMES BELL , District Judge . Defendant Eugene Atkins has filed a motion for modification or reduction of sentence (ECF No. 150) pursuant to 18 U.S.C. 3582(c)(2) on the basis of Amendment 782 of the United States Sentencing Guidelines, made retroactive by the Sentencing Commission. Section 3582(c)(2) permits a court to reduce the term of imprisonment of a defendant who has been sentenced based on a sentencing range that has subsequently been lowered by..
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MEMORANDUM OPINION AND ORDER
ROBERT HOLMES BELL, District Judge.
Defendant Eugene Atkins has filed a motion for modification or reduction of sentence (ECF No. 150) pursuant to 18 U.S.C. §3582(c)(2) on the basis of Amendment 782 of the United States Sentencing Guidelines, made retroactive by the Sentencing Commission.
Section 3582(c)(2) permits a court to reduce the term of imprisonment of a defendant who has been sentenced based on a sentencing range that has subsequently been lowered by the Sentencing Commission. 18 U.S.C. § 3582(c)(2). Amendment 782 of the United States Sentencing Guidelines reduced by two levels the offense levels assigned to the quantities that trigger the statutory mandatory minimum penalties in U.S.S.G. §§ 2D1.1 and 2D1.11. These modifications were made retroactive effective November 1, 2014. U.S.S.G. § 1B1.10.
However, because the defendant's base offense level at sentencing was driven by USSG 2D1.1(a)(1) and not the Drug Quantity Table set forth in Subsection c, the Probation Office has now found Defendant ineligible for a reduction in sentence under Guideline Amendment 782. No objections have been filed to the report of eligibility in the time frame prescribed.
Therefore, IT IS HEREBY ORDERED that Defendant's motion for modification of sentence (ECF No. 150) pursuant to 18 U.S.C. § 3582(c)(2) is DENIED.
Source: Leagle
