Opinion
CASE NO. 8:97-CR-00213-EAK
08-16-2011
UNITED STATES OF AMERICA, v. HANDY BAILEY JR..
ORDER ON DEFENDANT'S MOTIONS
THIS CAUSE is before this Court on Defendant's, Handy Bailey Jr., Motion to Amend Sentence (Doc. 390), Motion to Supplement Federal Questions Presented (Doc. 391), Motion for Petition for Writ of Audita Querela Nisi Feceris (Doc. 392), and Motion for Ripeness (Doc. 393). More specifically, Defendant challenges his sentence based on the retroactive application of revised cocaine base sentencing guidelines and the arguments raised in each of Defendant's pending motions raise an identical issue. Namely, whether the Defendant's sentence is proper.
This Court has previously addressed Defendant's argument in an order denying Defendant's motion to reduce sentence regarding the instant offense. (Doc. 360). Furthermore, this Court's denial of Defendant's requested relief has been affirmed on appeal by the Eleventh Circuit. Accordingly, it is:
ORDERED that Defendant's, Handy Bailey Jr., Motion to Amend Sentence (Doc. 390, Motion to Supplement Federal Questions Presented (Doc. 391), Motion for Petition for Writ of Audita Querela Nisi Feceris (Doc. 392), and Motion for Ripeness (Doc. 393) are DENIED.
DONE and ORDERED in Chambers, in Tampa, Florida, this 16 day of August, 2011.
ELIZABETH A KOVACHEVICH
United States District Judge
Copies to: All parties and counsel of record.