Opinion
Case No. 2:99-cr-118-FTM-29DNF.
March 25, 2008
OPINION AND ORDER
This matter is before the Court on defendant's Motion For Modification or Reduction of Sentence Based Upon a Retroactive Guideline Amendment, Concerning Cocaine Base ("Crack") and Certain Criminal History Rules That Have the Effect of Lowering Guideline Range Pursuant to 18 U.S.C. § 3582(c)(2) and § 1B1.10(c) (Doc. #83) filed on March 21, 2008. Defendant, for the second time in a month, seeks a reduction in her sentence in light of Amendment 706 to the United States Sentencing Guidelines, which reduces the base offense level for cocaine base offenses by two levels, and in light of Amendment 709, which made changes concerning a defendant's criminal history. The Court has already ruled, in an Opinion and Order (Doc. #82) filed March 7, 2008, that defendant is not eligible for a reduction of her term of imprisonment under Amendment 706 because she was sentenced as a career offender, and that Amendment 709 has not been made retroactive. The current motion will therefore be denied.
Accordingly, it is now
ORDERED AND ADJUDGED:
Defendant's Motion For Modification or Reduction of Sentence Based Upon a Retroactive Guideline Amendment, Concerning Cocaine Base ("Crack") and Certain Criminal History Rules That Have the Effect of Lowering Guideline Range Pursuant to 18 U.S.C. § 3582(c)(2) and § 1B1.10(c) (Doc. #83) is DENIED. DONE AND ORDERED at Fort Myers, Florida.