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Loeza v. U.S., 3:16-cr-54. (2018)

Court: District Court, S.D. Ohio Number: infdco20180413910
Filed: Apr. 09, 2018
Latest Update: Apr. 09, 2018
Summary: DECISION AND ENTRY OVERRULING PETITIONER'S MOTION FOR REDUCTION OF SENTENCE PURSUANT TO 18 U.S.C. 3582(c)(2) IN CONJUNCTION WITH "FIRST OFFENDER AMENDMENT TO THE UNITED STATES SENTENCING GUIDELINES THAT WENT INTO EFFECT ON NOVEMBER 1, 2017" (DOC. #39) WALTER H. RICE , District Judge . This matter is currently before the Court on Petitioner's Motion for Reduction of Sentence Pursuant to 18 U.S.C. 3582(c)(2) in Conjunction with "First Offender Amendment to the United States Sentencing Gui
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DECISION AND ENTRY OVERRULING PETITIONER'S MOTION FOR REDUCTION OF SENTENCE PURSUANT TO 18 U.S.C. § 3582(c)(2) IN CONJUNCTION WITH "FIRST OFFENDER AMENDMENT TO THE UNITED STATES SENTENCING GUIDELINES THAT WENT INTO EFFECT ON NOVEMBER 1, 2017" (DOC. #39)

This matter is currently before the Court on Petitioner's Motion for Reduction of Sentence Pursuant to 18 U.S.C. § 3582(c)(2) in Conjunction with "First Offender Amendment to the United States Sentencing Guidelines that Went Into Effect on November 1, 2017." Doc. #39. Although a "First Offender" amendment has been proposed, it has not yet been adopted. Moreover, given that Petitioner, when sentenced, had a Criminal History Category of III, reduced from V, he does not qualify as a "First Offender."

Accordingly, Petitioner's Motion for Reduction of Sentence Pursuant to 18 U.S.C. § 3582(c)(2), Doc. #39, is OVERRULED.

Source:  Leagle

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