U.S. v. HAGLER, 3:06-748-JFA. (2012)
Court: District Court, D. South Carolina
Number: infdco20120327854
Visitors: 33
Filed: Mar. 23, 2012
Latest Update: Mar. 23, 2012
Summary: ORDER JOSEPH F. ANDERSON, Jr., District Judge. Upon motion of the defendant under 18 U.S.C. 3582(c)(2) for a reduction in the term of imprisonment imposed based on a guideline sentencing range that has subsequently been lowered and made retroactive by the United States Sentencing Commission pursuant to 28 U.S.C. 994(u), and having considered such motion, and taking into account the policy statement set forth at U.S.S.G. 1B1.10 and the sentencing factors set forth in 18 U.S.C. 3553(a),
Summary: ORDER JOSEPH F. ANDERSON, Jr., District Judge. Upon motion of the defendant under 18 U.S.C. 3582(c)(2) for a reduction in the term of imprisonment imposed based on a guideline sentencing range that has subsequently been lowered and made retroactive by the United States Sentencing Commission pursuant to 28 U.S.C. 994(u), and having considered such motion, and taking into account the policy statement set forth at U.S.S.G. 1B1.10 and the sentencing factors set forth in 18 U.S.C. 3553(a), t..
More
ORDER
JOSEPH F. ANDERSON, Jr., District Judge.
Upon motion of the defendant under 18 U.S.C. § 3582(c)(2) for a reduction in the term of imprisonment imposed based on a guideline sentencing range that has subsequently been lowered and made retroactive by the United States Sentencing Commission pursuant to 28 U.S.C. § 994(u), and having considered such motion, and taking into account the policy statement set forth at U.S.S.G. § 1B1.10 and the sentencing factors set forth in 18 U.S.C. § 3553(a), to the extent that they are applicable,
IT IS ORDERED that the motion (ECF No. 1039) is denied. The defendant was sentenced to the statutory mandatory minimum sentence of 240 months imprisonment for his conviction. Therefore, as Amendment 750 did not lower the defendant's guideline range, it does not apply and any guideline changes cannot alter the ultimate statutory floor of 20 years imprisonment set by Congress.
IT IS SO ORDERED.
Source: Leagle
