Filed: Sep. 08, 2015
Latest Update: Sep. 08, 2015
Summary: ORDER WILLIAM T. MOORE, Jr. , District Judge . On July 8, 2015, this Court ordered that Defendant's sentence be reduced from 264 months to 262 months, pursuant to 18 U.S.C. 3582(c) (2). On July 21, 2015, Defendant filed a Motion for Reconsideration of the Court's Order. After careful consideration, Defendant's Motion is DENIED. At the time of sentencing, Defendant's applicable advisory guideline range was 324 to 405 months. The Court sentenced Defendant to 264 months pursuant to an 18
Summary: ORDER WILLIAM T. MOORE, Jr. , District Judge . On July 8, 2015, this Court ordered that Defendant's sentence be reduced from 264 months to 262 months, pursuant to 18 U.S.C. 3582(c) (2). On July 21, 2015, Defendant filed a Motion for Reconsideration of the Court's Order. After careful consideration, Defendant's Motion is DENIED. At the time of sentencing, Defendant's applicable advisory guideline range was 324 to 405 months. The Court sentenced Defendant to 264 months pursuant to an 18 ..
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ORDER
WILLIAM T. MOORE, Jr., District Judge.
On July 8, 2015, this Court ordered that Defendant's sentence be reduced from 264 months to 262 months, pursuant to 18 U.S.C. § 3582(c) (2). On July 21, 2015, Defendant filed a Motion for Reconsideration of the Court's Order. After careful consideration, Defendant's Motion is DENIED.
At the time of sentencing, Defendant's applicable advisory guideline range was 324 to 405 months. The Court sentenced Defendant to 264 months pursuant to an 18 U.S.C. § 3553(a) downward variance. Amendment 782 to the United States Sentencing Guidelines lowered Defendant's advisory guideline range to 262 to 327 months, and Defendant is requesting a comparable downward variance from that amended range. Pursuant to U.S.S.G. § 131.10(b)(2)(A), the Court cannot reduce Defendant's term of imprisonment under 18 U.S.C. § 3582(c)(2) to a term that is less than the minimum of the amended guideline range unless Defendant received, at the time of sentencing, a downward departure for substantial assistance to authorities (U.S.S.G. § 5K1.1 motion). In this case, Defendant received no
Christopher Michael Bing
4: 12-cr-00084-1
Order on Motion
such departure; as such, his sentence may not be reduced below 262 months.
SO ORDERED.
