Elawyers Elawyers

U.S. v. STURDIVANT, 3:06-CR-00194-RJC. (2017)

Court: District Court, W.D. North Carolina Number: infdco20170605b60 Visitors: 7
Filed: Jun. 01, 2017
Latest Update: Jun. 01, 2017
Summary: ORDER ROBERT J. CONRAD, Jr. , District Judge . THIS MATTER comes before the Court on the defendant's pro se Motion to Modify Sentence, pursuant to 18 U.S.C. 3582(c)(2). (Doc. No. 61). Title 18, United States Code, Section 3582(c)(2) allows a court to reduce a sentence based on a guideline range that has been subsequently lowered by the Sentencing Commission. Here, Amendment 794 detailed by the defendant as affecting his sentence, (Doc. No. 61: Motion at 1), is not listed by the Commissi
More

ORDER

THIS MATTER comes before the Court on the defendant's pro se Motion to Modify Sentence, pursuant to 18 U.S.C. § 3582(c)(2). (Doc. No. 61).

Title 18, United States Code, Section 3582(c)(2) allows a court to reduce a sentence based on a guideline range that has been subsequently lowered by the Sentencing Commission. Here, Amendment 794 detailed by the defendant as affecting his sentence, (Doc. No. 61: Motion at 1), is not listed by the Commission as being retroactively applicable, USSG §1B1.10(a)(1), (d). Thus, he is not entitled to relief.

IT IS, THEREFORE, ORDERED that the defendant's Motion to Modify Sentence, (Doc. No. 61), is DENIED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer