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U.S. v. COPPEDGE, 4:09-CR-00054-F-1. (2016)

Court: District Court, E.D. North Carolina Number: infdco20160311b57 Visitors: 5
Filed: Mar. 10, 2016
Latest Update: Mar. 10, 2016
Summary: ORDER JAMES C. FOX , District Judge . This matter is before the court on Donnell Coppedge's Motion for Reconsideration Reduction Post-Sentencing Rehabilitation Programming [DE-276]. In his motion, Coppedge requests a reduction in his sentence based on the rehabilitation programs he has completed while incarcerated. In support of his claim for a sentence reduction, Coppedge cites to Pepper v. United States, 562 U.S. 476 (2011). Pepper held that "when a defendant's sentence has been set
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ORDER

This matter is before the court on Donnell Coppedge's Motion for Reconsideration Reduction Post-Sentencing Rehabilitation Programming [DE-276]. In his motion, Coppedge requests a reduction in his sentence based on the rehabilitation programs he has completed while incarcerated.

In support of his claim for a sentence reduction, Coppedge cites to Pepper v. United States, 562 U.S. 476 (2011). Pepper held that "when a defendant's sentence has been set aside on appeal and his case remanded for resentencing, a district court may consider evidence of a defendant's rehabilitation since his prior sentencing and that such evidence may, in appropriate cases, support a downward variance from the advisory Guidelines range." 562 U.S. at 490. In this case, Pepper is not applicable because Coppedge's sentence has not been set aside.

In light of the foregoing, Coppedge's Motion for Reconsideration Reduction Post-Sentencing Rehabilitation Programming [DE-276] is DENIED.

SO ORDERED.

Source:  Leagle

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