Opinion
Criminal No. 04-221(1) (RHK/RLE).
June 2, 2010
ORDER
Before the Court are Defendant's Motions for recalculating his criminal history (Doc. No. 106) and for resentencing (Doc. No. 107); the Motions seek application of Amendment 709 and the recalculation of his criminal history.
Because Defendant was sentenced as an armed career criminal pursuant to 18 U.S.C. § 924(e), he is not entitled to any relief under Guidelines Amendment 709.
Accordingly, and upon all the files, records and proceedings herein, IT IS ORDERED that (a) the pro se Motion Pursuant to 18 U.S.C. § 3582(c)(2) to Recalculate the Petitioner's Criminal History Based on Amendment 709 of the USSG (Doc. No. 106) and (b) the pro se Motion for Resentencing (Doc. No. 107) are both DENIED.