Filed: Jan. 11, 2016
Latest Update: Jan. 11, 2016
Summary: ORDER ROBERT J. CONRAD, Jr. , District Judge . THIS MATTER is before the Court upon motions of the defendant pro se for a reduction of sentence based on retroactive amendments to the United States Sentencing Guidelines regarding to drug offenses, (Doc. Nos. 110, 115, 125), counsel's Notice of Ineligibility, (Doc. No. 117), and related pleadings. The offense level for the defendant's drug offense was determined pursuant to the career offender guideline. (Doc. No. 128: Supplemental Presente
Summary: ORDER ROBERT J. CONRAD, Jr. , District Judge . THIS MATTER is before the Court upon motions of the defendant pro se for a reduction of sentence based on retroactive amendments to the United States Sentencing Guidelines regarding to drug offenses, (Doc. Nos. 110, 115, 125), counsel's Notice of Ineligibility, (Doc. No. 117), and related pleadings. The offense level for the defendant's drug offense was determined pursuant to the career offender guideline. (Doc. No. 128: Supplemental Presenten..
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ORDER
ROBERT J. CONRAD, Jr., District Judge.
THIS MATTER is before the Court upon motions of the defendant pro se for a reduction of sentence based on retroactive amendments to the United States Sentencing Guidelines regarding to drug offenses, (Doc. Nos. 110, 115, 125), counsel's Notice of Ineligibility, (Doc. No. 117), and related pleadings.
The offense level for the defendant's drug offense was determined pursuant to the career offender guideline. (Doc. No. 128: Supplemental Presentence Report at 1). The career offender guideline sets the offense level in relation to the maximum statutory penalty, USSG §4B1.1(b), and was not affected by the 2014 amendments, USSG Supp. to Appx. C., Amend. 782 (2014). Accordingly, the defendant is not eligible for a sentence reduction. United States v. Munn, 595 F.3d 183, 187 (4th Cir. 2010); USSG §1B1.10 comment. (n.1(A)(ii)) (defendant not eligible for reduction where another guideline provision prevents lowering of guideline range).
IT IS, THEREFORE, ORDERED that the defendant's motions, (Doc. Nos. 110, 115, 125), 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.
