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U.S. v. DE LA PENA, 3:10-cr-00142-RCJ-VPC-1. (2015)

Court: District Court, D. Nevada Number: infdco20150505901 Visitors: 9
Filed: Apr. 30, 2015
Latest Update: Apr. 30, 2015
Summary: ORDER ROBERT C. JONES , District Judge . The Court sentenced Defendant to 120 months imprisonment, to be followed by five years of supervised release. Defendant asked the Court to reduce his sentence under 18 U.S.C. 3582(c)(2) and Amendment 782 to U.S.S.G. 1B1.10. The Court denied the motion because Defendant had been sentenced to the statutory minimum such that no retroactive amendment to the guideline range could aid him. See, e.g., United States v. Sykes, 658 F.3d 1140 , 1146 (9th
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ORDER

The Court sentenced Defendant to 120 months imprisonment, to be followed by five years of supervised release. Defendant asked the Court to reduce his sentence under 18 U.S.C. § 3582(c)(2) and Amendment 782 to U.S.S.G. § 1B1.10. The Court denied the motion because Defendant had been sentenced to the statutory minimum such that no retroactive amendment to the guideline range could aid him. See, e.g., United States v. Sykes, 658 F.3d 1140, 1146 (9th Cir. 2011). Defendant has filed a successive motion for a reduction.

CONCLUSION

IT IS HEREBY ORDERED that the Motion to Reduce Sentence (ECF No. 85) is DENIED.

IT IS SO ORDERED.

Source:  Leagle

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