Elawyers Elawyers
Washington| Change

U.S. v. LANDRUM, 07-00392-CB. (2016)

Court: District Court, S.D. Alabama Number: infdco20160121640 Visitors: 3
Filed: Jan. 19, 2016
Latest Update: Jan. 19, 2016
Summary: ORDER CHARLES R. BUTLER, Jr. , Senior District Judge . This matter is before the Court on Defendant's pro se "motion to receive relief under 3582(c)(2)." (Doc. 44.) Defendant states that he is "filing pro se motion to receive a sentence reduction based on a new 924(c) amendment that no longer carries a mandatory minimum." According to 18 U.S.C. 3582(c), "[a] court may not modify a term of imprisonment once it has been imposed" except in limited circumstances. One of those exceptions is
More

ORDER

This matter is before the Court on Defendant's pro se "motion to receive relief under 3582(c)(2)." (Doc. 44.) Defendant states that he is "filing pro se motion to receive a sentence reduction based on a new 924(c) amendment that no longer carries a mandatory minimum." According to 18 U.S.C. § 3582(c), "[a] court may not modify a term of imprisonment once it has been imposed" except in limited circumstances. One of those exceptions is found in subsection (c)(2), which permits a court to reduce a term of imprisonment based on a sentencing range that has subsequently been lowered by the Sentencing Commission . . . if such a reduction is consistent with the applicable policy statements issued by the Sentencing Commission." Defendant does not rely on any amendment to the Sentencing Guidelines but appears to believe that a new law has been enacted that would lower his sentence. The Court is not aware of any guideline amendment or law that would authorize a reduction of sentence. Therefore, the motion is DENIED.

DONE and ORDERED.

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