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U.S. v. Alvarez-Caicedo, 8:10-CR-400-T-EAK-TGW. (2016)

Court: District Court, M.D. Florida Number: infdco20160510a34 Visitors: 9
Filed: May 09, 2016
Latest Update: May 09, 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. 126 and 150). The Court also has before it the U.S. Probation Office Amendment Assessment (Doc. 135) and the response of the government (Doc. 156). The Court has reviewed the motion, the Amendment Assessment for the United States Proba
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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. 126 and 150). The Court also has before it the U.S. Probation Office Amendment Assessment (Doc. 135) and the response of the government (Doc. 156). The Court has reviewed the motion, 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 his guideline range was not lowered. Accordingly, it is.

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

DONE AND ORDERED.

Source:  Leagle

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