Opinion
Crim. No. 97-0485(WHW)
03-13-2012
Appearances: Eugene Seabrookes Andrew Carey Assistant United States Attorney
Chambers of
William H. Walls
District Judge
Martin Luther King Jr.
Federal Courthouse
NOT FOR PUBLICATION
LETTER ORDER
ORIGINAL ON FILE WITH CLERK OF COURT
Appearances:
Eugene Seabrookes
Andrew Carey
Assistant United States Attorney
Dear Mr. Seabrookes:
On October 15, 1998, Judge Maryanne Trump Barry sentenced you to life imprisonment for possession with intent to distribute more than 50 grams of cocaine base in violation of 21 U.S.C. § 841(a)(1). The applicable guideline range 10 years to life.
Under 18 U.S.C. § 3582(c) and U.S.S.G. § 1B1.10, defendants are eligible for a sentence reduction if the retroactive application of the new crack guidelines lowers the applicable guideline range. You were held responsible for at least 25 kilograms of cocaine base. Based on this quantity, your offense level would remain the same under the Fair Sentencing Act and would not change the guideline range. You are not eligible for a sentence reduction under 18 U.S.C. § 3582(c).
CONCLUSION
It is on this 13 day of March, 2012,
ORDERED that Eugene Seabrookes's Motion for Reduction of Sentence is DENIED.
William H. Wails
United States District Judge