United States v. Vu

2008 | Cited 0 times | D. Maine | January 2, 2008

ORDER DENYING REQUEST FOR SENTENCE REDUCTION

Before the Court is Defendant's pro se Motion for an Order Granting a Sentence Reduction (Docket # 93 in 04-cr-112 & Docket # 477 in 04-cr-136). Via this Motion, the Defendant requests that the Court reduce his sentence pursuant to 18 U.S.C. § 3582(c)(2) and the recent amendments to the Sentencing Guidelines related to crack cocaine. See USSG § 1B1.10. After reviewing the file, the Court has determined that this Defendant was sentenced to 120 months because that is the mandatory minimum sentence required by 21 U.S.C. § 841(b)(1)(A). Because a ten year term of imprisonment is required by statute, the Court may not reduce this sentence even if the amended Guidelines would yield a lower Guideline range.

For this reason, the Court hereby DENIES Defendant's Motion.

SO ORDERED.

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