Opinion
Case No. 07-20018-07-JWL
06-30-2016
United States of America, Plaintiff, v. Aaron Jackson, Defendant.
MEMORANDUM & ORDER
In November 2015, defendant Aaron Jackson filed a motion to reduce his sentence under Amendment 782. The court held that it had no jurisdiction to reduce Mr. Jackson's sentence because Mr. Jackson remained subject to a 10-year mandatory minimum sentence regardless of the application of Amendment 782. See United States v. Woods, 598 Fed. Appx. 567, 568-69 (10th Cir. 2015) (regardless of amendment's effect on underlying offense level, defendant is not eligible for a reduction under amendment beyond mandatory minimum absent statutory authority). Nearly six months later, Mr. Jackson has now filed a "renewed" motion for a sentence reduction in which he asks the court "to determine if any new minimum statutory sentence would allow for the two-point reduction" under Amendment 782. Mr. Jackson remains subject to a 10-year mandatory minimum sentence and, accordingly, the court is not authorized to reduce his sentence. See 21 U.S.C. § 841(b)(1)(A). For the reasons more fully explained in the court's January 20, 2016 memorandum and order, Mr. Jackson's motion is dismissed.
IT IS THEREFORE ORDERED BY THE COURT THAT Mr. Jackson's renewed motion to reduce sentence (doc. 432) is dismissed for lack of jurisdiction.
IT IS SO ORDERED.
Dated this 30th day of June, 2016, at Kansas City, Kansas.
s/ John W. Lungstrum
John W. Lungstrum
United States District Judge