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U.S. v. ROBERTS, 2:07-00062-01. (2015)

Court: District Court, S.D. West Virginia Number: infdco20160104721 Visitors: 5
Filed: Dec. 31, 2015
Latest Update: Dec. 31, 2015
Summary: MEMORANDUM OPINION AND ORDER DAVID A. FABER , Senior District Judge . On April 30, 2014, the United States Sentencing Commission submitted to Congress an amendment to the federal sentencing guidelines that reduces the guidelines applicable to drug trafficking offenses. Specifically, Amendment 782 reduces by two the offense levels assigned in the Drug Quantity Table, resulting in lower guideline ranges for most drug trafficking offenses. Amendment 782, sometimes called "drugs minus two" or
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MEMORANDUM OPINION AND ORDER

On April 30, 2014, the United States Sentencing Commission submitted to Congress an amendment to the federal sentencing guidelines that reduces the guidelines applicable to drug trafficking offenses. Specifically, Amendment 782 reduces by two the offense levels assigned in the Drug Quantity Table, resulting in lower guideline ranges for most drug trafficking offenses. Amendment 782, sometimes called "drugs minus two" or the "2014 drug guidelines amendment," took effect on November 1, 2014. On July 18, 2014, the Sentencing Commission voted to give retroactive effect to Amendment 782. Amendment 782 is however subject to the following limitation: "The court shall not order a reduced term of imprisonment based on Amendment 782 unless the effective date of the court's order is November 1, 2015, or later." U.S.S.G. § 1B1.10(e)(1). Defendant has filed a letter asking whether his sentence may be reduced as a result of the amendment. (Doc. No. 101). His current BOP release date is December 30, 2015.

The court has received and considered the Original Presentence Investigation Report (PSI), the Judgment and Commitment Orders and Statement of Reasons, and addendum to the PSI from the Probation Office. A review of these materials shows that, because of an earlier reduction in his sentence, defendant is already serving the minimum term of imprisonment required by statute. Accordingly, he is not eligible for a reduction.

The Clerk is DIRECTED to send a copy of this Memorandum Opinion and Order to defendant, the United States Attorney, the Federal Public Defender, and the United States Probation Office.

IT IS SO ORDERED.

Source:  Leagle

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