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U.S. v. DEES, 8:08-CR-177-T-17-MAP. (2015)

Court: District Court, M.D. Florida Number: infdco20150910b00 Visitors: 12
Filed: Sep. 09, 2015
Latest Update: Sep. 09, 2015
Summary: ORDER ELIZABETH A. KOVACHEVICH , District Judge . This cause comes before the Court on the defendant's motion for modification of sentence, the requested modification was based on the retroactive application of revised cocaine base sentencing guidelines (Doc. 85). The Court appointed the Office of the Federal Defender who satisfied the requirements set forth in the Court's Omnibus Order In Re: Amendment 782, United States Sentencing Guidelines, 6:14-MC-78-ORL-22 ("Omnibus Order"), and n
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ORDER

This cause comes before the Court on the defendant's motion for modification of sentence, the requested modification was based on the retroactive application of revised cocaine base sentencing guidelines (Doc. 85).

The Court appointed the Office of the Federal Defender who satisfied the requirements set forth in the Court's Omnibus Order In Re: Amendment 782, United States Sentencing Guidelines, 6:14-MC-78-ORL-22 ("Omnibus Order"), and notified the Court that the office would not be filing a Motion for Sentence Reduction under Amendment 782 on behalf of Defendant as to the retroactive application of revised sentencing guidelines.

The Court gave the defendant an opportunity to file a further motion if desired. The defendant has not filed any further document. The motion filed by the defendant's stated it was based on the 782 Amendment but failed to make any cognizable argument on that issue, instead he related health issues that he was experiencing. The bases for a reduction under 782 is limited and the defendant has not meet the criteria. The Court concurs with the probation office that the defendant is not eligible for a reduction in sentence based on the amended guidelines, as the defendant was sentenced as a career offender. Accordingly, it is.

ORDERED that defendant's motion for modification of sentence, the requested modification was based on the retroactive application of revised cocaine base sentencing guidelines (Docket No. 85) be denied.

DONE AND ORDERED.

Source:  Leagle

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