U.S. v. Murrell

Full title: UNITED STATES OF AMERICA, Plaintiff, v. DERRICK MURRELL, Defendant

Court: United States District Court, D. Nebraska

Date published: Sep 26, 2008

CASE NO. 8:05CR392 (D. Neb. Sep. 26, 2008)

Opinion

CASE NO. 8:05CR392.

September 26, 2008

ORDER

LAURIE CAMP, District Judge

This matter is before the Court on the Defendant's pro se motion to reduce his sentence as a result of crack cocaine Amendment 706 to the sentencing guidelines (Filing No. 64). Counsel was appointed. (Filing No. 65.)

The Defendant pleaded guilty to Counts I and V of the Indictment. Count I charged a conspiracy to distribute and possess with intent to distribute 50 grams or more of crack cocaine, resulting in a statutory minimum sentence of 10 years. The Defendant was sentenced to 120 months imprisonment on Count I. Count V relates to criminal forfeiture.

Even with the change in offense level as a result of Amendment 706, the Defendant was sentenced to the mandatory minimum sentence and, therefore, he is not entitled to a reduction under Amendment 706. United States v. McGuire, 524 F.3d 891, 892 (8^th Cir. 2008).

IT IS ORDERED that the Defendant's pro se motion to reduce his sentence as a result of crack cocaine Amendment 706 to the sentencing guidelines (Filing No. 64) is denied.