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U.S. v. Johnson, 8:04-CR-570-T-EAK-EAJ. (2016)

Court: District Court, M.D. Florida Number: infdco20160413819 Visitors: 8
Filed: Apr. 12, 2016
Latest Update: Apr. 12, 2016
Summary: ORDER ELIZABETH A. KOVACHEVICH , District Judge . This cause comes before the Court on the defendant's motions for reduction of sentence, the requested modification was based on the retroactive application of revised cocaine base sentencing guidelines (Docs. 220 and 229). The Court also has before it the U.S. Probation Office Amendment Assessment (Doc. 222) and the response of the government (Doc. 236). The Court has reviewed the motion and the Amendment Assessment for the United States Pr
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ORDER

This cause comes before the Court on the defendant's motions for reduction of sentence, the requested modification was based on the retroactive application of revised cocaine base sentencing guidelines (Docs. 220 and 229). The Court also has before it the U.S. Probation Office Amendment Assessment (Doc. 222) and the response of the government (Doc. 236). 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 the position that the defendant is not eligible for a reduction in sentence because he was not sentenced under a drug guideline. Accordingly, it is.

ORDERED that defendant's motion for modification of sentence be denied.

DONE AND ORDERED.

Source:  Leagle

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