U.S. v. Saine, 12-cv-40098-JPG. (2018)
Court: District Court, S.D. Illinois
Number: infdco20180222d46
Visitors: 20
Filed: Feb. 21, 2018
Latest Update: Feb. 21, 2018
Summary: MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . This matter comes before the Court on defendant Louise K. Saine's motion for a sentence reduction under 18 U.S.C. 3582(c)(2) and U.S.S.G. 1B1.10 based on Amendment 780 to the United States Sentencing Guidelines (Doc. 76). Amendment 780 clarified when a statutory minimum sentence limits the amount of a sentence reduction under 3682(c)(2) where a defendant's original sentence was below the statutory minimum because of substantial
Summary: MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . This matter comes before the Court on defendant Louise K. Saine's motion for a sentence reduction under 18 U.S.C. 3582(c)(2) and U.S.S.G. 1B1.10 based on Amendment 780 to the United States Sentencing Guidelines (Doc. 76). Amendment 780 clarified when a statutory minimum sentence limits the amount of a sentence reduction under 3682(c)(2) where a defendant's original sentence was below the statutory minimum because of substantial a..
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MEMORANDUM AND ORDER
J. PHIL GILBERT, District Judge.
This matter comes before the Court on defendant Louise K. Saine's motion for a sentence reduction under 18 U.S.C. § 3582(c)(2) and U.S.S.G. § 1B1.10 based on Amendment 780 to the United States Sentencing Guidelines (Doc. 76). Amendment 780 clarified when a statutory minimum sentence limits the amount of a sentence reduction under § 3682(c)(2) where a defendant's original sentence was below the statutory minimum because of substantial assistance to the Government.
Amendment 780 does not apply to Saine for two reasons. First, her original sentence of 108 months was not below the statutory minimum sentence because there was no statutory mandatory minimum. See 21 U.S.C. § 841(b)(1)(C) (statutory range for defendant like Saine with prior drug conviction is "not more than 30 years"). Second, as explained in the Court's April 24, 2017, order (Doc. 54), Saine is not eligible for a sentence reduction under § 3682(c)(2) because she was a career offender.
For these reasons, the Court DENIES Saine's motion for a sentence reduction based on Amendment 780 (Doc. 76).
IT IS SO ORDERED.
Source: Leagle
