Opinion
Case No. 3:08cr040
05-08-2014
UNITED STATES OF AMERICA, Plaintiff, v. DAMIEN MCDOUGAL, Defendant.
JUDGE WALTER H. RICE
DECISION AND ENTRY OVERRULING DEFENDANT'S MOTION FOR
REDUCTION OF SENTENCE PURSUANT TO TITLE 18 U.S.C. § 3582(c)(2)
(DOC. #39)
Based upon the reasoning and citations of authority set forth in the Government's Response (Doc. #41) in opposition to Defendant's Motion to Reduce Sentence under 18 U.S.C. § 3582(c)(2) (Doc. #39), said Motion is deemed not well taken and same is, therefore, overruled in its entirety.
18 U.S.C. §3582(c)(2) provides an exception to the general rule of finality in the case of a Defendant who has been sentenced to a term of imprisonment that has subsequently been lowered by the Sentencing Commission pursuant to 28 U.S.C. § 994(o) and made retroactive pursuant to § 994(u). Dillon v. United States, 129 S.Ct. 2683, 2690 (2010). In this matter, the amendment to the Sentencing Guidelines that eliminated "recency" criminal history points, Amendment 742 which became effective November 21, 2010, a term of imprisonment has been effectively lowered. However, said Amendment has not been made retroactive. U.S.S.G. § 1B1.10(c) (2010); see also, United States v. Gonzalez-Molena, No. 10-10239, 2011 WL 28842 at *1, (6th Cir., 2011).
WHEREFORE, based upon the aforesaid, this Court finds not well taken the Plaintiff's Motion seeking reduction of sentence, pursuant to 18 U.S.C. § 3582(c)(2) and does, therefore, overrule same in its entirety.
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WALTER H. RICE
UNITED STATES DISTRICT JUDGE
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