Opinion
CASE NO: 8:00-CR-347-T-24.
April 29, 2008
ORDER
This cause comes before the Court on Defendant Micklloyd Franklyn's Motion for Reconsideration (Doc. No. 140) of this Court's Order denying his motion to reduce his sentence under 18 U.S.C. § 3582 (Doc. No. 120). In his motion, Defendant argues that the Court should reconsider its ruling that he is not eligible for sentence reduction based on the statutory mandatory minimum sentence.
There are three major grounds justifying reconsideration: (1) an intervening change in controlling law; (2) the availability of new evidence; and (3) the need to correct clear error or to prevent manifest injustice. Sussman v. Salem, Saxon Nielsen, P.A., 153 F.R.D. 689, 694 (M.D. Fla. 1994) (citations omitted). The Court notes that reconsideration of a previous order is an extraordinary remedy to be employed sparingly. See id. (citations omitted).
Upon review, the Court finds that reconsideration is not warranted. Accordingly, it is ORDERED AND ADJUDGED that Defendant Micklloyd Franklyn's Motion for Reconsideration (Doc. No. 140) is DENIED. DONE and ORDERED at Tampa, Florida.