Filed: Feb. 02, 2017
Latest Update: Feb. 02, 2017
Summary: Amended Order TERRY J. HATTER, Jr. , Senior District Judge . The Court has considered Defendant's two motions — Docket Items 67 and 68 — for a sentence reduction pursuant to 18 U.S.C. 3582(c)(2) and Amendment 782 to the United States Sentencing Guidelines Manual 2D1.1 (—) ("USSG"), together with the moving papers. USSG 1B1.10(b) "prohibits a court from reducing a defendant's sentence to a term that is less than the minimum of the amended guidelines range, except in the case of a defe
Summary: Amended Order TERRY J. HATTER, Jr. , Senior District Judge . The Court has considered Defendant's two motions — Docket Items 67 and 68 — for a sentence reduction pursuant to 18 U.S.C. 3582(c)(2) and Amendment 782 to the United States Sentencing Guidelines Manual 2D1.1 (—) ("USSG"), together with the moving papers. USSG 1B1.10(b) "prohibits a court from reducing a defendant's sentence to a term that is less than the minimum of the amended guidelines range, except in the case of a defen..
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Amended Order
TERRY J. HATTER, Jr., Senior District Judge.
The Court has considered Defendant's two motions — Docket Items 67 and 68 — for a sentence reduction pursuant to 18 U.S.C. § 3582(c)(2) and Amendment 782 to the United States Sentencing Guidelines Manual § 2D1.1 (—) ("USSG"), together with the moving papers.
USSG § 1B1.10(b) "prohibits a court from reducing a defendant's sentence to a term that is less than the minimum of the amended guidelines range, except in the case of a defendant who originally received a below-guidelines sentence based on substantial assistance to the government." See United States v. Davis, 739 F.3d 1222, 1224-26 (9th Cir. —). Here, Defendant received a downward departure or variance that resulted in a sentence below the low end of the post-Amendment 782 Guidelines range, but Defendant did not provide substantial assistance to the government. Therefore, Defendant is not entitled to a sentence reduction.
Because there is no statutory or constitutional right to counsel for a § 3582(c) motion, and because Defendant's motion lacks merit, the Court declines to appoint counsel. See United States v. Townsend, 98 F.3d 510, 512-13 (9th Cir. 1996).
Accordingly,
It is Ordered that Defendant's motions for sentence reduction be, and hereby are, Denied.
