Opinion
Case No: 00-cr-263(7) (MJD/JGL) USM No: 09689-041
02-13-2012
United States of America v. Samuel Donell Murphy
pr o se Defendant's Attorney
Date of Original Judgment: 08/01/2002
Date of Previous Amended Judgment: 07/17/2008
(Use Date of Last Amended Judgment if Any)
pro se Defendant's Attorney
ORDER REGARDING MOTION FOR SENTENCE REDUCTION
PURSUANT TO 18 U.S.C. § 3582(c)(2)
Upon motion of [×] the defendant [] the Director of the Bureau of Prisons [] the court under 18 U.S.C. § 3582(c)(2) for a reduction in the term of imprisonment imposed based on a guideline sentencing range that has subsequently been lowered and made retroactive by the United States Sentencing Commission pursuant to 28 U.S.C. § 994(u), and having considered such motion, and taking into account the policy statement set forth at USSG § IB1.10 and the sentencing factors set forth in 18 U.S.C. § 3553(a), to the extent that they are applicable,
IT IS ORDERED that the motion is:
[×] DENTED. [] GRANTED and the defendant's previously imposed sentence of imprisonment (as reflected in the last judgment issued) of ____________ months is reduced to
I. COURT DETERMINATION OF GUIDELINE RANGE (Prior to Any Departures)
Previous Offense Level: 31 Amended Total Offense Level: 31
Criminal History Category: III Criminal History Category: III
Previous Guideline Range: 135-168 months Amended Guideline Range: 135-168 months
II. SENTENCE RELATIVE TO THE AMENDED GUIDELINE RANGE
[] The reduced sentenced is within the amended guideline range.
[] The previous term of imprisonment imposed was less than the guideline range applicable to the defendant at the time of sentencing as a result of a substantial assistance departure or Rule 35 reduction, and the reduced sentence is comparably less than the amended guideline range.
[] The reduced sentence is above the amended guideline range.
II. ADDITIONAL COMMENTS
Defendant has filed a letter requesting that the Court appoint counsel for him and that this counsel request that Murphy be resentenced pursuant to the new crack cocaine guidelines. Because Murphy's guideline range has not been reduced by the new amendment, the Court cannot resentence Murphy and appointment of counsel for Murphy is unnecessary. See U.S.v. Tolliver. 570 F.3d 1062, 1066-67 (8th Cir. 2009).
Except as otherwise provided, all provisions of the judgment dated ____________ shall remain in effect.
IT IS SO ORDERED.
Effective Date: ___________
(if different from order date)
__________
Judge's signature
Michael J. Davis , Chief Judge,
Printed name and title