U.S. v. NUNEZ, 11-40047-04-JAR. (2015)
Court: District Court, D. Kansas
Number: infdco20151204981
Visitors: 20
Filed: Dec. 03, 2015
Latest Update: Dec. 03, 2015
Summary: ORDER JULIE A. ROBINSON , District Judge . This matter is before the Court on Defendant Carlos Nunez's Motion for Modification and Reduction of Sentence Pursuant to 18 U.S.C. 3582(c) and Amendment 782 to the Sentencing Guidelines (Doc. 1029). On March 4, 2013, the Court sentenced Defendant to 120 months' imprisonment based solely on the binding plea agreement under Fed. R. Crim. P. 11(c)(1)(C). 1 Defendant is not eligible for relief under 3582(c)(2) because the plea agreement called f
Summary: ORDER JULIE A. ROBINSON , District Judge . This matter is before the Court on Defendant Carlos Nunez's Motion for Modification and Reduction of Sentence Pursuant to 18 U.S.C. 3582(c) and Amendment 782 to the Sentencing Guidelines (Doc. 1029). On March 4, 2013, the Court sentenced Defendant to 120 months' imprisonment based solely on the binding plea agreement under Fed. R. Crim. P. 11(c)(1)(C). 1 Defendant is not eligible for relief under 3582(c)(2) because the plea agreement called fo..
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ORDER
JULIE A. ROBINSON, District Judge.
This matter is before the Court on Defendant Carlos Nunez's Motion for Modification and Reduction of Sentence Pursuant to 18 U.S.C. § 3582(c) and Amendment 782 to the Sentencing Guidelines (Doc. 1029). On March 4, 2013, the Court sentenced Defendant to 120 months' imprisonment based solely on the binding plea agreement under Fed. R. Crim. P. 11(c)(1)(C).1 Defendant is not eligible for relief under § 3582(c)(2) because the plea agreement called for a specific, agreed-upon sentence that was not "based on a sentencing range that has been subsequently been lowered by the Sentencing Commission."2 Accordingly, the Court dismisses Defendant's motion to reduce sentence for lack of jurisdiction.3
IT IS SO ORDERED.
FootNotes
1. Docs. 553, 732.
2. 18 U.S.C. § 3582(c)(2); United States v. Graham, 704 F.3d 1275, 1278 (10th Cir. 2013).
3. United States v. Gray, 15-3126, 2015 WL 6468029, at *4 (10th Cir. Oct. 27, 2015) (citing United States v. White, 765 F.3d 1240, 1250 (10th Cir. 2014)).
Source: Leagle
