Opinion
CRIMINAL ACTION NO. 2:92-cr-00020
01-04-2017
UNITED STATES OF AMERICA, Plaintiff, v. DIMIDROFF HALEY, Defendant.
MEMORANDUM OPINION AND JUDGMENT ORDER
Pending before the Court is a motion, brought pursuant to 18 U.S.C. § 3582(c)(2), to reduce Defendant's sentence as to Count One based on a subsequent reduction in the applicable sentencing guideline. On November 1, 2014, the United States Sentencing Guidelines were amended resulting in reductions in the guidelines in Section 2D1.1. The guideline reduction was given retroactive effect. Pursuant to the order entered on January 8, 2016, this case was designated for Standard consideration.
The Court has received the original Presentence Investigation Report (PSI), original Judgment and Commitment Order and Statement of Reasons, and addendum to the PSI from the Probation Office, and received any materials submitted by the parties on this issue. The Court concludes that the Defendant is not eligible for a reduction in his sentence because his sentence on Count One is now the mandatory minimum required by statute.
Based on the foregoing considerations, the Court finds that the Defendant is ineligible for a sentence reduction based on the 2014 amendments to U.S.S.G. § 2D.1.1. Accordingly, Defendant's motion for a sentence reduction [ECF 172] is DENIED, and the request for counsel contained therein is DENIED AS MOOT because the Federal Public Defender's Office was appointed to represent Defendant in connection with this matter.
IT IS SO ORDERED.
The Court DIRECTS the Clerk to send a copy of this Order to the Defendant and counsel, the United States Attorney, the United States Probation Office, and the United States Marshal.
ENTER: January 4, 2017
/s/_________
THOMAS E. JOHNSTON
UNITED STATES DISTRICT JUDGE