U.S. v. Padilla-Nunez, 8:08-CR-73-T-EAK-TBM. (2016)
Court: District Court, M.D. Florida
Number: infdco20160302c39
Visitors: 20
Filed: Mar. 01, 2016
Latest Update: Mar. 01, 2016
Summary: ORDER ELIZABETH A. KOVACHEVICH , District Judge . This cause comes before the Court on the defendant's motion for reduction of sentence, the requested modification was based on the retroactive application of revised cocaine base sentencing guidelines (Doc. 136). The Court also has before it the U.S. Probation Office Amendment Assessment (Doc. 119) and the response of the government (Doc. 143). The Court has reviewed the motion and the Amendment Assessment for the United States Probation Of
Summary: ORDER ELIZABETH A. KOVACHEVICH , District Judge . This cause comes before the Court on the defendant's motion for reduction of sentence, the requested modification was based on the retroactive application of revised cocaine base sentencing guidelines (Doc. 136). The Court also has before it the U.S. Probation Office Amendment Assessment (Doc. 119) and the response of the government (Doc. 143). The Court has reviewed the motion and the Amendment Assessment for the United States Probation Off..
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ORDER
ELIZABETH A. KOVACHEVICH, District Judge.
This cause comes before the Court on the defendant's motion for reduction of sentence, the requested modification was based on the retroactive application of revised cocaine base sentencing guidelines (Doc. 136). The Court also has before it the U.S. Probation Office Amendment Assessment (Doc. 119) and the response of the government (Doc. 143). The Court has reviewed the motion and the Amendment Assessment for the United States Probation Office and the government response. The Court concludes that the defendant is not eligible for a reduction in sentence based on the amended guidelines and adopts their position that the defendant is not eligible for a reduction in sentence because his he was sentenced to a statutory-minimum penalty. Accordingly, it is.
ORDERED that defendant's motion for modification of sentence be denied.
DONE AND ORDERED.
Source: Leagle
