Opinion
CRIMINAL ACTION NO. 5:11-84-KKC
04-08-2015
UNITED STATES OF AMERICA, Plaintiff, v. ANTHONY L. SHARKEY, Defendant.
MEMORANDUM OPINION AND ORDER
This matter is before the Court on Defendant Anthony Sharkey's motion (DE 47) for a sentence reduction based on Amendment 782 to the United States Sentencing Guidelines. The amendment reduces by two the offense levels assigned in the Drug Quantity Table, U.S.S.G. § 2D1.1, resulting in lower guideline ranges for most drug trafficking offenses.
Sharkey pleaded guilty to conspiracy to distribute marijuana. (DE 38, Judgment). On May 3, 2012, the Court sentenced Sharkey to a term of 70 months imprisonment. (DE 38, Judgment). Sharkey is scheduled to be released from prison on August 5, 2015.
"The court shall not order a reduced term of imprisonment based on Amendment 782 unless the effective date of the court's order is November 1, 2015, or later." U.S.S.G. § 1B1.10(e)(1). Therefore, defendants who will be released prior to November 1, 2015 are not eligible for the two-point reduction pursuant to Amendment 782.
Here, Sharkey has an anticipated release date of August 5, 2015. Sharkey will be released before a court order could be effective to reduce his term of imprisonment; therefore, Sharkey is not eligible for a sentence reduction.
Accordingly, the Court ORDERS that the defendant's motion for a sentencing reduction (DE 47) is DENIED.
Dated April 8, 2015.
/s/
KAREN K. CALDWELL, CHIEF JUDGE
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY