Opinion
No.: 2:14-CR-070
10-11-2017
UNITED STATES OF AMERICA v. RICHARD MCNEAL HILLMAN
MEMORANDUM AND ORDER
By memorandum and order entered October 31, 2016, this court denied the defendant's pro se motion for sentence reduction under 18 U.S.C. § 3582(c)(2) and Amendments 782 and 788 to the United States Sentencing Guidelines Manual. [Doc. 401]. The court ruled that the defendant was not entitled to Amendment 782 relief because he was sentenced after that amendment went into effect and thus had already received its benefit. See 18 U.S.C. § 3582(c)(2) (affording relief to a defendant "who has been sentenced to a term of imprisonment based on a sentencing range that has subsequently been lowered by the Sentencing Commission . . . .") (emphasis added).
The defendant unsuccessfully appealed that ruling [docs. 404, 413] and has now filed a second motion seeking § 3582(c)(2) and Amendment 782 relief. [Doc. 415]. For the same reasons provided in the court's October 31, 2016 ruling, the defendant remains ineligible for his sought-after Amendment 782 sentence reduction. Additionally, to the extent that the defendant now relies on factors such as his personal background and post-sentencing rehabilitation, those issues are "not contemplate[d]" by § 3582. United States v. Turman, 465 F. App'x 497, 499-500 (6th Cir. 2012).
The defendant's renewed "Motion for Reduction of Sentence Pursuant to Retroactive Amendment 782 Under 18 U.S.C. § 3582(c)" [doc. 415] is accordingly DENIED.
IT IS SO ORDERED.
ENTER:
s/ Leon Jordan
United States District Judge