U.S. v. Dennis

Full title: UNITED STATES OF AMERICA v. CAPOUS ORLANDO DENNIS

Court: United States District Court, S.D. Mississippi, Jackson Division

Date published: Mar 24, 2009

CRIMINAL ACTION NO. 3:02CR120TSL-JCS (S.D. Miss. Mar. 24, 2009)

Opinion

CRIMINAL ACTION NO. 3:02CR120TSL-JCS.

March 24, 2009

ORDER

TOM LEE, Chief District Judge

This cause is before the court on the motion of defendant Capous Orlando Dennis for a reduction in sentence pursuant to 18 U.S.C. § 3582(c)(2). Given that defendant was subject to a mandatory minimum sentence of 120 months in accordance with 21 U.S.C. § 841(b)(1), his motion is denied. United States v. Reese, 2008 WL 4580086 (5^th Cir. Oct. 15, 2008) ("Because Reece had a prior felony drug conviction and the Government gave notice that it was seeking an enhanced penalty, Reece was subject, by statute, to the mandatory minimum penalty of 20 years of imprisonment. A mandatory minimum statutory penalty overrides the retroactive application of a new guideline.") (internal citations omitted).

SO ORDERED.