Opinion
No. CR 04-60053-AA.
September 5, 2007
ORDER
On August 5, 2005, defendant was sentenced to sixty-three months imprisonment upon his conviction for distribution of 50 or more grams of methamphetamine. After two unsuccessful motions filed under 28 U.S.C. § 2255, defendant now seeks to reduce his sentence pursuant to 18 U.S.C. § 3582(c)(1).
However, § 3582(c)(1) permits a reduction in sentence under two very narrow exceptions: 1) upon motion of the Director of the Bureau of Prisons and with certain conditions being met; and 2) if the Sentencing Commission subsequently lowered the sentencing range under which a defendant was sentenced. Neither exception applies in this case. Therefore, defendant's motion to reduce sentence (doc. 45) is DENIED.
IT IS SO ORDERED.