Opinion
Case No. 2:94-CR-00315-KJD-LRL
04-15-2013
UNITED STATES OF AMERICA, Plaintiff, v. LEOPOLDO GONZALEZ-HEURTA, Defendant.
ORDER
Presently before the Court is Defendant's Motion for Modification of Sentence (#108). Having read and considered the motion, it is denied. Defendant has not adequately stated a claim for resentencing due to the retroactive changes to the calculations from the drug equivalency tables which created changes in U.S.S.G. 2D1.1 regarding crack cocaine base offenses. Defendant was sentenced based on a methamphetamine offense. Defendant has not stated an Equal Protection or Due Process claim based on the alleged disparity.
Accordingly, IT IS HEREBY ORDERED that Defendant's Motion for Modification of Sentence (#108) is DENIED.
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Kent J. Dawson
United States District Judge