U.S. v. Butler, 2:04-CR-00019-MCE. (2016)
Court: District Court, E.D. California
Number: infdco20160217731
Visitors: 5
Filed: Feb. 12, 2016
Latest Update: Feb. 12, 2016
Summary: ORDER MORRISON C. ENGLAND, Jr. , Chief District Judge . The Court has reviewed the parties' submissions with respect to Defendant Rodney Butler's ("Defendant") Motion to Reduce Sentence. ECF No. 166. Before it can issue a decision on the matter, however, the Court requires further briefing from the Government on the following question: What affect, if any, does U.S.S.G 1B1.10(b)(2)(B) have on the Government's argument that "[b]ecause the low-end of the defendant's career offender guideli
Summary: ORDER MORRISON C. ENGLAND, Jr. , Chief District Judge . The Court has reviewed the parties' submissions with respect to Defendant Rodney Butler's ("Defendant") Motion to Reduce Sentence. ECF No. 166. Before it can issue a decision on the matter, however, the Court requires further briefing from the Government on the following question: What affect, if any, does U.S.S.G 1B1.10(b)(2)(B) have on the Government's argument that "[b]ecause the low-end of the defendant's career offender guidelin..
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ORDER
MORRISON C. ENGLAND, Jr., Chief District Judge.
The Court has reviewed the parties' submissions with respect to Defendant Rodney Butler's ("Defendant") Motion to Reduce Sentence. ECF No. 166. Before it can issue a decision on the matter, however, the Court requires further briefing from the Government on the following question:
What affect, if any, does U.S.S.G § 1B1.10(b)(2)(B) have on the Government's argument that "[b]ecause the low-end of the defendant's career offender guideline range (292 to 365 months) exceeds the sentence that this Court originally imposed (240 months), he is ineligible for a sentence reduction."
ECF No. 183 at 4.
Not later than ten (10) days following the date this Order is electronically filed, the Government is directed to a file a brief with the Court addressing this issue.
IT IS SO ORDERED.
Source: Leagle