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U.S. v. JENKINS, 3:06-60 (CMC). (2013)

Court: District Court, D. South Carolina Number: infdco20130605c86 Visitors: 8
Filed: Jun. 04, 2013
Latest Update: Jun. 04, 2013
Summary: OPINION and ORDER CAMERON McGOWAN CURRIE, District Judge. This matter is before the court on Defendant's letter, received May 28, 2013, indicating that "as of this week the courts past [sic] a law of retroactivity with crack that states[ ] we can now go under the mandatory minimum." ECF No. 1119. The court assumes Defendant is inquiring about the applicability to his case of a recent decision of the Sixth Circuit Court of Appeals, United States v. Blewett, ___ F.3d ___, 2013 WL 2121945 (6th
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OPINION and ORDER

CAMERON McGOWAN CURRIE, District Judge.

This matter is before the court on Defendant's letter, received May 28, 2013, indicating that "as of this week the courts past [sic] a law of retroactivity with crack that states[ ] we can now go under the mandatory minimum." ECF No. 1119. The court assumes Defendant is inquiring about the applicability to his case of a recent decision of the Sixth Circuit Court of Appeals, United States v. Blewett, ___ F.3d ___, 2013 WL 2121945 (6th Cir. May 17, 2013). In Blewett, a divided panel of the Sixth Circuit Court of Appeals found that the relief available under the Fair Sentencing Act of 2010 is retroactively applicable to all defendants currently serving federal sentences based upon "crack" cocaine, regardless of when convicted or sentenced. The court has construed Defendant's motion as a motion to reduce sentence pursuant to Blewett.

To the extent this is a properly-filed motion to reduce sentence, this court is bound to apply the law as interpreted by the Supreme Court of the United States and the Fourth Circuit Court of Appeals. Accordingly, the opinion in Blewett is not binding on this court. Additionally, in United States v. Allen, ___ F.3d ___, 2013 WL 1777564 (4th Cir. Apr. 26, 2013), the Fourth Circuit Court of Appeals acknowledged that the FSA is applicable to all defendants sentenced after the enactment of the FSA. ___ F.3d. at ___, 2013 WL 1777564 *7.

Defendant's letter, construed as a motion to reduce sentence, is denied.

IT IS SO ORDERED.

Source:  Leagle

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