Opinion
CASE NO. 1:98-CR-211.
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 #279). The U.S. Probation Officer's Report of Eligibility (docket #280) indicates defendant appeared to be ineligible because methamphetamine, and not cocaine base, was used to determine the base offense level. Based on this Court's review of defendant's motion and the underlying criminal file, including the presentence report, the Court has determined that the motion should be denied because methamphetamine was used for the offense level calculation. Accordingly,
IT IS HEREBY ORDERED that the Motion for Modification or Reduction of Sentence is DENIED because defendant is not eligible.