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U.S. v. JIMENEZ-RAMOS, 8:06-384-T-24TGW. (2015)

Court: District Court, M.D. Florida Number: infdco20150904724 Visitors: 23
Filed: Sep. 03, 2015
Latest Update: Sep. 03, 2015
Summary: ORDER SUSAN C. BUCKLEW , District Judge . THIS CAUSE comes before this Court on Defendant's Motion for Reconsideration (Dkt. 145) of the Court's Order denying Defendant's motion for a sentence reduction under 18 U.S.C. 3582(c)(2) based on USSG Amendment 782, a retroactive guideline amendment. See USSG 1B1.10(d) (2014). The Court denied Defendant's motion and found that Defendant did not qualify for a sentence reduction because Amendment 782 did not have the effect of lowering Defend
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ORDER

THIS CAUSE comes before this Court on Defendant's Motion for Reconsideration (Dkt. 145) of the Court's Order denying Defendant's motion for a sentence reduction under 18 U.S.C. § 3582(c)(2) based on USSG Amendment 782, a retroactive guideline amendment. See USSG § 1B1.10(d) (2014). The Court denied Defendant's motion and found that Defendant did not qualify for a sentence reduction because Amendment 782 did not have the effect of lowering Defendant's base offense level of 38. (Dkt. 140).

There are three major grounds justifying reconsideration: (1) an intervening change in controlling law; (2) the availability of new evidence; and (3) the need to correct clear error or to prevent manifest injustice. Sussman v. Salem, Saxon & Nielsen, P.A., 153 F.R.D. 689, 694 (M.D. Fla. 1994) (citations omitted). Reconsideration, or rehearing, is "an extraordinary remedy to be employed sparingly in the interests of finality and conservation of scarce judicial resources." Int'l Union of Painters v. Argyros, No. 05-1661, 2007 WL 1577840, at *1 (M.D. Fla. May 31, 2007) (citations and quotations omitted).

Defendant has not shown that any of the three major grounds justifying reconsideration apply in this case. As such, relief is not warranted, and Defendant's motion must be denied.

Accordingly, it is ORDERED AND ADJUDGED that Petitioner's motion for reconsideration (Dkt. 145) is DENIED.

DONE AND ORDERED.

Source:  Leagle

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