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U.S. v. HOLLOWAY, CR413-007. (2015)

Court: District Court, S.D. Georgia Number: infdco20151119d52 Visitors: 15
Filed: Nov. 18, 2015
Latest Update: Nov. 18, 2015
Summary: ORDER WILLIAM T. MOORE, Jr. , District Judge . Before the Court is Defendant Grilly Holloway Jr.'s Motion to Correct Clerical Error. (Doc. 780.) In the motion, Defendant suggests that his Presentence Investigation Report erroneously placed him in Criminal History Category III. ( Id. at 1.) Defendant contends that at his sentencing the Court rejected the United States Probation Office's ("USPO") calculation of his criminal history as category III and concluded that the correct calculation
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ORDER

Before the Court is Defendant Grilly Holloway Jr.'s Motion to Correct Clerical Error. (Doc. 780.) In the motion, Defendant suggests that his Presentence Investigation Report erroneously placed him in Criminal History Category III. (Id. at 1.) Defendant contends that at his sentencing the Court rejected the United States Probation Office's ("USPO") calculation of his criminal history as category III and concluded that the correct calculation was Criminal History Category II. (Id. at 2.) According to Defendant, a clerical oversight resulted in that change failing to be properly reflected in his Presentence Investigation Report. (Id.)

Defendant, however, is mistaken. At sentencing, the Court agreed with the USPO that Defendant's criminal history was correctly determined as category III. Defendant's confusion stems from the Court's conclusion that a category III overrepresented Defendant's actual criminal history. Based on this assessment, the Court awarded Defendant a downward departure from the applicable guideline sentence, using the guideline range applicable to defendants with a criminal history of category II to arrive at Defendant's sentence of 121 months. Despite this departure, however, Defendant's criminal history category was properly calculated and recorded as category III.1 Because no clerical error occurred in this case, Defendant's motion (Doc. 780) is DENIED.

SO ORDERED.

FootNotes


1. The Court notes that it is unable to depart from the applicable guideline sentence when granting a Motion to Reduce Pursuant to 18 U.S.C. 3582. U.S. Sentencing Guidelines Manual § 1B1.10(b)(2). As a result, the Court provided Defendant with the maximum reduction allowable when granting his Motion to Reduce. (Doc. 747.)
Source:  Leagle

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