Opinion
CRIMINAL ACTION NO. 2:13-cr-00196
01-13-2017
UNITED STATES OF AMERICA, Plaintiff, v. HUBERT DWAYNE MESSER, 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 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 December 12, 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, plea agreement, and addendum to the PSI from the Probation Office, and received any materials submitted by the parties on this issue and finds that the Defendant was sentenced after this amendment became effective and therefore, has already received the benefit.
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 sentence reduction [ECF 78] is DENIED.
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 13, 2017
/s/_________
THOMAS E. JOHNSTON
UNITED STATES DISTRICT JUDGE