U.S. v. RUDISILL, 3:05-cr-390. (2012)
Court: District Court, W.D. North Carolina
Number: infdco20120119e58
Visitors: 4
Filed: Jan. 17, 2012
Latest Update: Jan. 17, 2012
Summary: ORDER ROBER J. CONRAD, Jr., District Judge. THIS MATTER is before the Court upon motion of the defendant for a reduction of sentence based on the retroactive amendments to the United States Sentencing Guidelines relating to crack cocaine triggered by the Fair Sentencing Act of 2010. (Doc. No. 458). The Court previously reduced the defendant's sentence to 120 months based on earlier amendments to the guidelines. (Doc. No. 369: Order). As counsel recognizes in the instant motion, the statutor
Summary: ORDER ROBER J. CONRAD, Jr., District Judge. THIS MATTER is before the Court upon motion of the defendant for a reduction of sentence based on the retroactive amendments to the United States Sentencing Guidelines relating to crack cocaine triggered by the Fair Sentencing Act of 2010. (Doc. No. 458). The Court previously reduced the defendant's sentence to 120 months based on earlier amendments to the guidelines. (Doc. No. 369: Order). As counsel recognizes in the instant motion, the statutory..
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ORDER
ROBER J. CONRAD, Jr., District Judge.
THIS MATTER is before the Court upon motion of the defendant for a reduction of sentence based on the retroactive amendments to the United States Sentencing Guidelines relating to crack cocaine triggered by the Fair Sentencing Act of 2010. (Doc. No. 458).
The Court previously reduced the defendant's sentence to 120 months based on earlier amendments to the guidelines. (Doc. No. 369: Order). As counsel recognizes in the instant motion, the statutory mandatory minimum sentence applicable to the defendant's offense prevents any further reduction. USSG § 1B1.10 comment. (n.1(A)).
IT IS, THEREFORE, ORDERED that the defendant's motion is DENIED.
The Clerk is directed to certify copies of this order to the defendant, the Community Defender, the United States Attorney, the United States Marshals Service, and the United States Probation Office.
Source: Leagle
