Opinion
No. 08 CR 401-11
11-18-2015
MEMORANDUM OPINION AND ORDER
This is one of a series of cases in which sentences were (to some degree) reconsidered in light of a change in Guidelines. In this instance, I think the operative Guideline is the one that applies to career offenders. That Guideline, which I used at the original sentencing, has not changed. Therefore, I do not have the authority to change this sentence. But even if I did have that authority, I would impose the same sentence I handed down when the initial judgment was entered. When I resentenced the defendant, I explicitly stated that I would not change the sentence even if it were to be imposed under Amendment 782 Guideline. In simple terms, I reaffirm my judgment that the appropriate term of imprisonment is 204 months.
ENTER:
/s/
James B. Zagel
United States District Judge
DATE: November 18, 2015