Opinion
Case No. 07-10028.
August 27, 2008
ORDER
Defendant filed a Motion for Retroactive Application of Sentencing Guidelines [Doc. 17] on June 2, 2008. The Court entered an Order [Doc. 20] on July 14, 2008, allowing the Public Defender's Office to withdraw upon a finding that Defendant was ineligible for a sentence reduction pursuant to 18 U.S.C. § 3582(c)(2) and allowing Defendant to proceed pro se. A Response by Defendant was to be filed with the Court by August 7, 2008, either conceding that he was not eligible for a sentence reduction or to explain why the amendment to U.S.S.G. § 4A1, 1(f), comment. (n. 6) (Amendment 709) applies in spite of the fact that Amendment 709 is not listed in U.S.S.G. § 1B1.10(c).
Since no Response has been filed with the Court, Defendant's Motion [Doc. 17] is DENIED with prejudice.