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U.S. v. CROMRATIE, 7:03-CR-12-F. (2012)

Court: District Court, E.D. North Carolina Number: infdco20120711b05 Visitors: 22
Filed: Jul. 10, 2012
Latest Update: Jul. 10, 2012
Summary: ORDER JAMES C. FOX, Senior District Judge. This matter is before the court on the pro se Motion to Modify Judgment [DE-45] filed by Defendant Maurice Cromratie ("Cromratie"). On July 21, 2003, Cromratie was sentenced to eighty seven (87) months imprisonment upon a plea ofguilty to possession of a firearm by a convicted felon, in violation of 18 U.S.c. 924, and possession of a firearm not registered in the national firearms registration and transfer record, in violation of26 U.S.C. 5861
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ORDER

JAMES C. FOX, Senior District Judge.

This matter is before the court on the pro se Motion to Modify Judgment [DE-45] filed by Defendant Maurice Cromratie ("Cromratie").

On July 21, 2003, Cromratie was sentenced to eighty seven (87) months imprisonment upon a plea ofguilty to possession of a firearm by a convicted felon, in violation of 18 U.S.c. § 924, and possession of a firearm not registered in the national firearms registration and transfer record, in violation of26 U.S.C. §§ 5861(d) and 5871. Cromratie was also ordered to be placed on supervised release for a term ofthirty six (36) months upon release from imprisonment. Cromratie was released from custody and his term of supervised release commenced on February 11,2009. On November 11, 2011, Cromratie was charged with felony possession of a firearm by a felon, misdemeanor carrying of a concealed weapon, and felony possession of cocaine in violation of his supervised release. After a hearing on January 31,2012, Cromratie's term of supervised release was revoked, and he was sentenced to imprisonment for a period of twenty four (24) months.

In the instant motion, Cromratie requests that his term of imprisonment be reduced to eighteen (18) months based on his character, past employment history, and the progress he has made while incarcerated. However, the court finds that it lacks the authority to modify Cromratie's sentence. Pursuant to 18 U.S.C. § 3582(c), there are only very limited circumstances under which a modification to a tenn of imprisonment is allowed, including a motion by the Director of the Bureau ofPrisons, the Government's Motion for a Reduction of Sentence pursuant to Rule 35 ofthe Federal Rules ofCriminal Procedure, and ifthe defendant has been sentenced based on a sentencing range that has been subsequently lowered by the Sentencing Commission. See 18 U.S.C. § 3582(c). As these scenarios are not applicable to this case, Cromratie's pro se Motion to Modify Judgment [DE-45] is DENIED.

SO ORDERED.

Source:  Leagle

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