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U.S. v. SMITH, 7:08-CR-45-F1. (2014)

Court: District Court, E.D. North Carolina Number: infdco20140402a89 Visitors: 7
Filed: Apr. 01, 2014
Latest Update: Apr. 01, 2014
Summary: ORDER JAMES C. FOX, Senior District Judge. This matter is before the court on the Defendant's Motion and Memorandum in Support of Sentence Reduction [DE-84] and the Defendant's objection to the United States Probation Office's Proposed Order regarding Motion For Sentence Reduction. Pursuant to United States v. Black, ___ F.3d ___ (4th Cir. 2013), available at 2013 WL 6354142, the motion is DENIED without prejudice to raise the issue again if Black is reversed by the Fourth Circuit sittin
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ORDER

JAMES C. FOX, Senior District Judge.

This matter is before the court on the Defendant's Motion and Memorandum in Support of Sentence Reduction [DE-84] and the Defendant's objection to the United States Probation Office's Proposed Order regarding Motion For Sentence Reduction. Pursuant to United States v. Black, ___ F.3d ___ (4th Cir. 2013), available at 2013 WL 6354142, the motion is DENIED without prejudice to raise the issue again if Black is reversed by the Fourth Circuit sitting en bane or the United States Supreme Court. A separate order filed contemporaneously will explain why Smith is otherwise eligible for relief under 18 U.S.C. § 3582(c) and provide his amended sentence.

SO ORDERED.

Source:  Leagle

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