Opinion
2:01-cr-110-FtM-29DNF.
May 12, 2008
OPINION AND ORDER
This matter comes before the Court on Defendant's Motion for Reconsideration of 18 U.S.C. § 3582(c)(2) Motion to Reduce Sentence and From April 23, 2008 Order Reducing Sentence, in Part, To 324 Months (Doc. #47) filed on May 7, 2008. Contrary to the title of defendant's motion, there was no April 23, 2008 Order which reduced defendant's sentence. Rather, the Court's April 29, 2008 Opinion and Order (Doc. #46) found defendant was not eligible for a sentence reduction under the recent Sentencing Guidelines cocaine base amendments because of his status as a career offender and that there was no other basis which provided the Court with authority to reduce defendant's sentence. Both holdings remain applicable, and defendant suggests nothing which would support contrary findings. Not only does post-conviction rehabilitative efforts not provide the court with jurisdiction under 18 U.S.C. § 3582(c)(2), but the Eleventh Circuit has held that consideration of post-conviction rehabilitative efforts upon resentencing would be improper. United States v. Lorenzo, 471 F.3d 1219 (11th Cir. 2006); United States v. Simmons, 368 F.3d 1335, 1339-40 (11th Cir. 2004); United States v. Tirado, 2008 WL 772577 (11th Cir. 2008).
Accordingly, it is now
ORDERED:
Defendant's Motion for Reconsideration of 18 U.S.C. § 3582(c)(2) Motion to Reduce Sentence and From April 23, 2008 Order Reducing Sentence, in Part, To 324 Months (Doc. #47) is DENIED. DONE AND ORDERED at Fort Myers, Florida.