Elawyers Elawyers
Ohio| Change

U.S. v. HENNESSY, 3:08-CR-00082-LRH-VPC. (2015)

Court: District Court, D. Nevada Number: infdco20150427960 Visitors: 10
Filed: Apr. 24, 2015
Latest Update: Apr. 24, 2015
Summary: ORDER LARRY R. HICKS , District Judge . Rene L. Valladares, Federal Public Defender, and Nisha Brooks-Whittington, Assistant Federal Public Defender, have filed a motion to withdraw (#141) as defendant's counsel of record. The court received and reviewed the reduction of sentence report on defendant prepared by Probation. The report concludes defendant is ineligible for a sentence reduction pursuant to 18 U.S.C. 3582(c)(2), Amendment 782, and pursuant to U.S.S.G. 1B1.10, effective Novem
More

ORDER

Rene L. Valladares, Federal Public Defender, and Nisha Brooks-Whittington, Assistant Federal Public Defender, have filed a motion to withdraw (#141) as defendant's counsel of record. The court received and reviewed the reduction of sentence report on defendant prepared by Probation. The report concludes defendant is ineligible for a sentence reduction pursuant to 18 U.S.C. § 3582(c)(2), Amendment 782, and pursuant to U.S.S.G. § 1B1.10, effective November 1, 2014, as he was sentenced as a Career Offender pursuant to U.S.S.G. § 4B1.1 and as such he is precluded from relief. Additionally, defendant received a downward variance from 188 months to 108 months as to Count Two: Distribution and Possession with Intent to Distribute a Controlled Substance, which resulted in a sentence below the range applicable based upon the finding of Career Offender.

The court appointed defendant counsel to determine whether he qualifies for a reduction of sentence. Based upon Probation's report, counsel does not intend to file a motion for a reduction. The court will therefore grant the motion to withdraw.

Before being granted counsel, defendant filed a letter (#139) the court deemed to be a motion seeking Discretionary Relief pursuant to 18 U.S.C. § 3582(c)(2). The court does not find a response from the United States Attorney's office is necessary for a ruling on defendant's motion. The defendant was sentenced as a Career Offender and is therefore not entitled to a reduction. Accordingly,

IT IS HEREBY ORDERED that defendant's motion to withdraw (#141) is GRANTED.

IT IS FURTHER ORDERED that defendant's motion seeking Discretionary Relief pursuant to 18 U.S.C. § 3582(c)(2) (#139) is DENIED.

IT IS SO ORDERED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer