Opinion
CASE NO. 8:O3-cr-0l-T-17MAP
10-04-2011
UNITED STATES OF AMERICA, v. GUSTAVO VIVAS BETANCOURT.
ORDER
THIS CAUSE is before tins Court on Defendant's, Gustavo Vivas Betancourt, Motion to Reduce Sentence (Doc. 336). Defendant's Motion fails to identify any United States Sentencing Guidelines Amendment applicable to Defendant's case. Assuming arguendo that Defendant is referring to the retroactive application of amendments relating to cocaine base, the Defendant's sentence was not based in any part on the quantity of cocaine base.
As such, this Court agrees with the government. The United Slates Sentencing Guidelines Amendment involving cocaine base docs not apply in the Defendant's case. Accordingly, it is:
ORDERED that Defendant's, Gustavo Vivas Betancourt, Motion to Reduce Sentence (Doc, 336) is DENIED
DONE and ORDERED in Chambers, in Tampa, Florida, this 4th day of October, 2011.
ELIZABETH A. KOVACHEVICH
United States District Judge
Copies to: All parties and counsel of record.