Filed: Mar. 02, 2012
Latest Update: Mar. 02, 2012
Summary: ORDER ROBERT J. CONRAD, Jr., Chief District Judge. THIS MATTER is before the Court upon motion of the defendant pro se 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. ) and notice by his counsel stating he is not eligible for such relief (Doc. No. 40). On November 6, 2006, the defendant was sentenced to 60 months' imprisonment on Count One pursuant to th
Summary: ORDER ROBERT J. CONRAD, Jr., Chief District Judge. THIS MATTER is before the Court upon motion of the defendant pro se 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. ) and notice by his counsel stating he is not eligible for such relief (Doc. No. 40). On November 6, 2006, the defendant was sentenced to 60 months' imprisonment on Count One pursuant to the..
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ORDER
ROBERT J. CONRAD, Jr., Chief District Judge.
THIS MATTER is before the Court upon motion of the defendant pro se 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. ) and notice by his counsel stating he is not eligible for such relief (Doc. No. 40).
On November 6, 2006, the defendant was sentenced to 60 months' imprisonment on Count One pursuant to the mandatory minimum sentence prescribed in 21 U.S.C. § 841(b)(1)(B), based on his guilty plea to possessing with intent to distribute 5 grams or more of a mixture and substance containing cocaine base. (Doc. No. 1: Indictment; Doc. No. 23: Plea Agreement; Doc. No. 33: Judgment). Accordingly, the change in the guidelines does not affect the defendant's sentence. Neal v. United States, 516 U.S. 284, 296 (1996) (retroactive amendment to guidelines does not alter statutory mandatory minimum); United States v. Hood, 556 F.3d 226, 233 (4th Cir. 2009).
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.
