Opinion
CRIMINAL ACTION NO. 93-491
01-08-2014
UNITED STATES OF AMERICA v. MAXON MORGAN
ORDER AND REASONS
Considering the "Petition for Reduction of Sentence Pursuant to 18 U.S.C. § 3582(c)(2) in Light of United States Attorney General Mr. Eric Holder's April 12, 2013 Mandate on Sentencing Disparities and Mandatory Minimum Sentences for Drug-Related Crimes" (Rec. Doc. 486), filed by the defendant Maxon Morgan, the Government's response (Rec. Doc. 492), and the defendant's response thereto (Rec. Doc. 493);
IT IS ORDERED that the "Petition for Reduction of Sentence Pursuant to 18 U.S.C. § 3582(c)(2) in Light of United States Attorney General Mr. Eric Holder's April 12, 2013 Mandate on Sentencing Disparities and Mandatory Minimum Sentences for Drug-Related Crimes" (Rec. Doc. 486) is hereby DENIED and DISMISSED, and the motion to expedite (Rec. Doc. 491) is DENIED AS MOOT.
The Attorney General's comments did not change the sentencing guidelines. Thus, the petition presents no valid basis for reduction under 18 U.S.C. § 3582(c)(2). Insofar as the petition rests on the petitioner's cryptic assertion that he was sentenced more harshly than his white co-defendants because of his race or country of origin, it is in fact a successive motion under 28 U.S.C. § 2255 for which the petitioner has failed to obtain authorization from the United States Court of Appeals for the Fifth Circuit. See 28 U.S.C. §§ 2244, 2255(h).
New Orleans, Louisiana, this 8th day of January, 2014.
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KURT D. ENGELHARDT
UNITED STATES DISTRICT JUDGE