Opinion
No. 2:07-cr-90-DBH
12-06-2011
ORDER ON MOTION FOR RECONSIDERATION
On November 18, 2011, I ruled that the defendant Philjon Eisom did not qualify for any sentence reduction under the retroactive and more lenient crack cocaine Guideline that became effective November 1, 2011. Eisom filed a new motion for relief on December 2, 2011 (Docket Item 65), which I treat as a motion for reconsideration. The motion is DENIED for the reasons stated in my Order of November 18, 2011. Moreover, contrary to Eisom's belief, he did in fact receive the 2-level subtraction under Guideline § 2D1.1 comment n.10(D)(i) when he was originally sentenced in 2008, as is reflected in the Revised Presentence Report ¶ 15.
SO ORDERED.
D. BROCK HORNBY
UNITED STATES DISTRICT JUDGE