Opinion
CRIMINAL ACTION NO. 08-142 -JJB
11-13-2013
UNITED STATES OF AMERICA v. MARK HOLPER
RULING AND ORDER
Defendant has filed a motion for sentence modification (doc. 86) based upon the Supreme Court's recent ruling in Alleyne v. United States, 133 S.Ct. 2151 (2013). In that decision, the Supreme Court held that any fact that increases the mandatory minimum is an "element" of the crime that must be submitted to the jury.
Applying Alleyne to the case at hand, the court finds that the motion must be denied. Defendant Holper was not sentenced to 110 months based upon a mandatorty minimum or any other statutory enhancement. Defendant's present sentence is based solely on the application of the U.S. Sentencing Guidelines. His sentence is actually below the statutory maximum for the offense of conviction. Consequently, Alleyne is inapplicable to this case.
ACCORDINGLY, IT IS ORDERED that the motion (doc. 86) for modification be DENIED. The clerk's office shall terminate the motion (doc. 87) for expedited hearing as well.
Baton Rouge, Louisiana, November 13th, 2013.
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JAMES J. BRADY, JUDGE
MIDDLE DISTRICT OF LOUISIANA