Opinion
CASE NO. 8:89-CR-4-T-17.
September 12, 2008
ORDER
This cause comes before the Court on the defendant's motion for modification of sentence, the requested modification was based on the retroactive application of revised cocaine base sentencing guidelines (Docket No. 880). The Court appointed counsel in this case and required responses from the United States Probation Office, the government, and the defendant through his appointed counsel. The Court has received and reviewed the responses (Docket Nos. 886 and 927 and Probation's Retroactive Crack Cocaine Amendment Eligibility Assessment, as amended). The government and probation agree is not eligible for a reduction in sentence based on the amended guidelines and the defendant agrees that there has not been an actual change in the defendant's base offense level. Accordingly, it is.
ORDERED that defendant's motion for modification of sentence, the requested modification was based on the retroactive application of revised cocaine base sentencing guidelines (Docket No. 880) be denied. DONE AND ORDERED in Chambers in Tampa, Florida.