U.S. v. SIMILA, 1:11-cr-249-01. (2015)
Court: District Court, W.D. Michigan
Number: infdco20150212858
Visitors: 15
Filed: Feb. 11, 2015
Latest Update: Feb. 11, 2015
Summary: MEMORANDUM OPINION AND ORDER PAUL L. MALONEY, Chief District Judge. Defendant Danny Lee Simila, Jr. has filed a motion for modification or reduction of sentence pursuant to 18 U.S.C. 3582(c)(2) based on the modification of the Drug Quantity Table with respect to drug quantity. Section 3582(c)(2) permits a court to reduce the term of imprisonment of a defendant who has been sentenced based on a sentencing range that has subsequently been lowered by the Sentencing Commission. 18 U.S.C. 3582
Summary: MEMORANDUM OPINION AND ORDER PAUL L. MALONEY, Chief District Judge. Defendant Danny Lee Simila, Jr. has filed a motion for modification or reduction of sentence pursuant to 18 U.S.C. 3582(c)(2) based on the modification of the Drug Quantity Table with respect to drug quantity. Section 3582(c)(2) permits a court to reduce the term of imprisonment of a defendant who has been sentenced based on a sentencing range that has subsequently been lowered by the Sentencing Commission. 18 U.S.C. 3582(..
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MEMORANDUM OPINION AND ORDER
PAUL L. MALONEY, Chief District Judge.
Defendant Danny Lee Simila, Jr. has filed a motion for modification or reduction of sentence pursuant to 18 U.S.C. §3582(c)(2) based on the modification of the Drug Quantity Table with respect to drug quantity.
Section 3582(c)(2) permits a court to reduce the term of imprisonment of a defendant who has been sentenced based on a sentencing range that has subsequently been lowered by the Sentencing Commission. 18 U.S.C. § 3582(c)(2). Amendment 782 of the United States Sentencing Guidelines modified U.S.S.G. § 2D1.1, the Drug Quantity Table with regard to drug quantity, and U.S.S.G. § 2D2.1(b). These modifications were made retroactive effective November 1, 2014. U.S.S.G. § 1B1.10(c).
However, Amendment 782 provides defendant with no relief due to the calculation of his sentence on Count One under U.S.S.G. § 2K2.1. Likewise, Amendment 782 provides no relief on Count Two in that his sentence of 14 months is lower than any resulting guideline after its application. Accordingly,
IT IS HEREBY ORDERED that Defendant Danny Lee Simila's motion modification of sentence pursuant to 18 U.S.C. § 3582(c)(2) (ECF No. 35) is DENIED.
Source: Leagle
