U.S. v. PORTER, 11-00270-CG. (2014)
Court: District Court, S.D. Alabama
Number: infdco20141003594
Visitors: 13
Filed: Sep. 30, 2014
Latest Update: Sep. 30, 2014
Summary: ORDER CALLIE V. S. GRANADE, District Judge. This matter is before the Court on two motions by the defendant seeking a sentence reduction (Docs. 178, 179). In the first motion (Doc. 178) she seeks a reduction pursuant to 18 U.S.C. 3582(c)(2), which permits modification of a sentence that was imposed based on a sentencing range that has subsequently been lowered by the Sentencing Commission. Although the sentencing guidelines applicable to illegal controlled substances have been lowered, that
Summary: ORDER CALLIE V. S. GRANADE, District Judge. This matter is before the Court on two motions by the defendant seeking a sentence reduction (Docs. 178, 179). In the first motion (Doc. 178) she seeks a reduction pursuant to 18 U.S.C. 3582(c)(2), which permits modification of a sentence that was imposed based on a sentencing range that has subsequently been lowered by the Sentencing Commission. Although the sentencing guidelines applicable to illegal controlled substances have been lowered, that ..
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ORDER
CALLIE V. S. GRANADE, District Judge.
This matter is before the Court on two motions by the defendant seeking a sentence reduction (Docs. 178, 179).
In the first motion (Doc. 178) she seeks a reduction pursuant to 18 U.S.C. §3582(c)(2), which permits modification of a sentence that was imposed based on a sentencing range that has subsequently been lowered by the Sentencing Commission. Although the sentencing guidelines applicable to illegal controlled substances have been lowered, that provision does not take effect until November 1, 2014. Defendant's motion will be addressed by this Court once the new guideline provisions takes effect under the law.
In the second motion (Doc. 179), the defendant seeks a reduction pursuant to Rule 35, Federal Rules of Criminal Procedure. A reduction pursuant to that Rule is available only to correct an arithmetical, technical or other clear error within 14 days after sentencing, or when a motion is made by the Government for a reduction due to the substantial assistance of the defendant in the investigation or prosecution of another person. Neither of those circumstances are applicable in defendant's case, and her second motion is therefore DENIED.
DONE andORDERED.
Source: Leagle
