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USA v. Carter, 7:15-019-DCR. (2017)

Court: District Court, E.D. Kentucky Number: infdco20171213e14 Visitors: 4
Filed: Dec. 12, 2017
Latest Update: Dec. 12, 2017
Summary: MEMORANDUM ORDER DANNY C. REEVES , District Judge . This matter is pending for consideration of Defendant Randall Craig Carter's pro se motion for a reduction of his sentence pursuant to 18 U.S.C. 3582(c)(2) and Amendment 782 to the United States Sentencing Guidelines. [Record No. 271] The defendant pled guilty to conspiring to distribute 500 grams or more of methamphetamine, in violation of 21 U.S.C. 841(a)(1) and 846. [Record No. 146] The Court subsequently sentenced Defendant Carter
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MEMORANDUM ORDER

This matter is pending for consideration of Defendant Randall Craig Carter's pro se motion for a reduction of his sentence pursuant to 18 U.S.C. § 3582(c)(2) and Amendment 782 to the United States Sentencing Guidelines. [Record No. 271] The defendant pled guilty to conspiring to distribute 500 grams or more of methamphetamine, in violation of 21 U.S.C. 841(a)(1) and 846. [Record No. 146] The Court subsequently sentenced Defendant Carter to 240 months' imprisonment, the minimum statutory punishment for his crime. [See Record Nos. 90; 237, pp. 21, 27.]

Amendment 782 amends the United States Sentencing Guidelines and, therefore, only affects sentences based on the guidelines. Carter is not eligible for a reduction under Amendment 782 because the Court sentenced him based on a mandatory minimum established by statute, not by the guidelines. Accordingly, it is hereby

ORDERED that Defendant Randall Craig Carter's motion for a sentence reduction [Record No. 271] is DENIED.

Source:  Leagle

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