Opinion
CASE NO. 1:07-CR-06.
June 9, 2008
MEMORANDUM OPINION AND ORDER
This matter is before the Court on defendant's Motion for Modification or Reduction of Sentence Pursuant to 18 U.S.C. § 3582(c)(2) (docket #480). The U.S. Probation Officer's Report of Eligibility (docket #481) indicates defendant appeared to be ineligible because cocaine base was not used to determine the base offense level.
Based on this Court's review of defendant's motion and the underlying criminal file, the Court has determined that the motion should be denied for this reason. Defendant's offense level calculation involved powder cocaine and marijuana. Accordingly,
IT IS HEREBY ORDERED that the Motion for Modification or Reduction of Sentence is DENIED because defendant is not eligible.