Filed: Jan. 25, 2018
Latest Update: Jan. 25, 2018
Summary: ORDER JAMES C. DEVER, III , Chief District Judge . On August 1, 2011, Russell Jonathan Carroll ("Carroll") pleaded guilty, without a written plea agreement, to two counts of being a felon in possession of a firearm and ammunition in violation of 18 U.S.C. 922(g)(1) and 924 (counts one and two) [D.E. 16]. On December 13, 2011, the court sentenced Carroll 120 months' imprisonment on both counts, consecutive to the extent necessary to yield a total sentence of 180 months [D.E. 29]. Carroll
Summary: ORDER JAMES C. DEVER, III , Chief District Judge . On August 1, 2011, Russell Jonathan Carroll ("Carroll") pleaded guilty, without a written plea agreement, to two counts of being a felon in possession of a firearm and ammunition in violation of 18 U.S.C. 922(g)(1) and 924 (counts one and two) [D.E. 16]. On December 13, 2011, the court sentenced Carroll 120 months' imprisonment on both counts, consecutive to the extent necessary to yield a total sentence of 180 months [D.E. 29]. Carroll d..
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ORDER
JAMES C. DEVER, III, Chief District Judge.
On August 1, 2011, Russell Jonathan Carroll ("Carroll") pleaded guilty, without a written plea agreement, to two counts of being a felon in possession of a firearm and ammunition in violation of 18 U.S.C. §§ 922(g)(1) and 924 (counts one and two) [D.E. 16]. On December 13, 2011, the court sentenced Carroll 120 months' imprisonment on both counts, consecutive to the extent necessary to yield a total sentence of 180 months [D.E. 29]. Carroll did not appeal his judgment.
On May 31, 2016, Carroll filed a motion to reduce his sentence, arguing that his sentence is beyond the 10-year statutory maximum applicable to each count and therefore illegal [D.E. 36] 1. See 18 U.S.C. § 3582(c). On August 15, 2017, the government responded in opposition [D.E. 44].
Carroll's convictions under section 922(g)(1) are subject to a 10-year statutory maximum per count. See 18 U.S.C. § 924(a)(2). The court sentenced Carroll to the statutory maximum on both counts, consecutive to the extent necessary to reach 180 months. See [D.E. 29]. Accordingly, the court did not sentence Carroll to a sentence in excess of the 10-year statutory maximum on either count. Thus, the motion fails.
In sum, Carroll's motion for a sentence reduction [D.E. 36] is DENIED.
SO ORDERED.
