United States v. Tran

2010 | Cited 0 times | D. Maine | November 5, 2010

ORDER ON MOTION FOR RELIEF UNDER 18 U.S.C. § 3582(C)(2)

Before the Court is Defendant's Pro Se Motion for Relief under 18 U.S.C. § 3582(c)(2). 18 U.S.C. § 3582(c) does allow a court to modify a defendant's sentence in specific enumerated circumstances, including when the defendant's sentencing range has been lowered as a result of guideline amendments that are explicitly made retroactive in accordance with 28 U.S.C. § 994(o) &(u) and U.S.S.G. § 1B1.10. This Defendant previously has received a reduction pursuant to these provisions. (See Docket # 101.) To the extent he now seeks an additional reduction, the most recent guideline amendments related to crack cocaine quantities have not been made retroactive pursuant to U.S.S.G. § 1B1.10. For this reason, the Court hereby DENIES Defendant's Motion.

SO ORDERED.

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