Opinion
Case No.: CR-2-92-009.
April 27, 2009
ORDER
This matter is before the Court on Defendant Charles Chubb's Pro Se Motion to Reconsider and Reinstate the 18 U.S.C. § 3582(c)(2) Motion (Doc. 72). Defendant also filed an Addendum in support of his motion for reconsideration (Doc. 74). The Government has not filed a response. Defendant requests the Court reinstate his previous motion for Retroactive Application of the Sentencing Guidelines (Doc. 65). Defendant also previously filed a Motion to Reduce Sentence (Doc. 55), which was denied by this Court and recently upheld by the Sixth Circuit Court of Appeals (Doc. 75).
In this Motion for Reconsideration, Defendant does not reference any incorrect legal conclusions made by the Court in its previous order, but rather he is requesting the Court use its discretion to resentence him. The Court, however, has explained in its previous order that it does not have the discretion to resentence Defendant under 18 U.S.C. § 3582(c)(2) when application of the pertinent amendment does not result in a different sentencing range. See United States v. Gonzalez-Balderas, 105 F.3d 981, 984 (5th Cir. 1997).
Based on the aforementioned, Defendant's Motion for Reconsideration is DENIED. The sentencing enhancement that provided the basis for Defendant's sentenced was not affected by Amendment 706 and therefore pursuant to Section 1B1.10 of the United States Sentencing Guidelines, Defendant's sentence must remain the same.
The Clerk shall remove Document 72 from the Court's pending motions list.