Filed: Aug. 17, 2018
Latest Update: Aug. 17, 2018
Summary: ORDER DENYING DEFENDANT'S MOTION FOR MODIFICATION OF SENTENCE UNDER TITLE 18 USC 3582 (R. 92) ROBERT H. CLELAND , District Judge . On or about May 28, 2013, Defendant Benson, pro se, sought relief from his sentence based upon the decision of a panel of the Sixth Circuit Court of Appeals in U.S. v. Blewett, 719 F.3d 482 (6 th Cir. 2013), which held that a defendant sentenced before the adoption of the FSA (Fair Sentencing Act) was entitled to seek retroactive application of the Act and
Summary: ORDER DENYING DEFENDANT'S MOTION FOR MODIFICATION OF SENTENCE UNDER TITLE 18 USC 3582 (R. 92) ROBERT H. CLELAND , District Judge . On or about May 28, 2013, Defendant Benson, pro se, sought relief from his sentence based upon the decision of a panel of the Sixth Circuit Court of Appeals in U.S. v. Blewett, 719 F.3d 482 (6 th Cir. 2013), which held that a defendant sentenced before the adoption of the FSA (Fair Sentencing Act) was entitled to seek retroactive application of the Act and ..
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ORDER DENYING DEFENDANT'S MOTION FOR MODIFICATION OF SENTENCE UNDER TITLE 18 USC §3582 (R. 92)
ROBERT H. CLELAND, District Judge.
On or about May 28, 2013, Defendant Benson, pro se, sought relief from his sentence based upon the decision of a panel of the Sixth Circuit Court of Appeals in U.S. v. Blewett, 719 F.3d 482 (6th Cir. 2013), which held that a defendant sentenced before the adoption of the FSA (Fair Sentencing Act) was entitled to seek retroactive application of the Act and a reduction in the guidelines used for sentencing in certain criminal drug offenses (R. 92: Motion).
On December 3, 2013, the decision of that panel was reversed en banc, United States v. Blewett, 746 F.3d 647, 651 (6th Cir. 2013). The Sixth Circuit Court held that the Fair Sentencing Act does not retroactively undo final sentences, United States v. Blewett, 746 F.3d 647, 651 (6th Cir. 2013) ("The Act simply does not apply to individuals sentenced before its effective date . . .").
Because Defendant Benson was originally sentenced on February 11, 2004 (R. 31: Judgment), then re-sentenced on July 19, 2005 (R. 62: Judgment), his sentence(s) occurred prior to the effective date of the Fair Sentencing Act and therefore, he is not entitled to relief pursuant to Title 18, United States Code, Sec. 3582.
IT IS ORDERED, Defendant's motion for modification of sentence is DENIED.
