U.S. v. Potts

Full title: UNITED STATES OF AMERICA, Plaintiff, v. ANTHONY JEROME POTTS, Defendant

Court: United States District Court, W.D. Michigan, Southern Division

Date published: Sep 20, 2010

CASE NO. 1:03-CR-273 (W.D. Mich. Sep. 20, 2010)

Opinion

CASE NO. 1:03-CR-273.

September 20, 2010

MEMORANDUM OPINION AND ORDER

ROBERT BELL, Chief District Judge

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 #41). Based on a review of Defendant's motion, the Sentence Modification Report, submissions by counsel for both parties, and the original criminal file, the Court has determined that the motion should be denied as follows:

Defendant was sentenced on an Indictment charging Possession with Intent to Distribute and to Distribute More than 5 Grams of Cocaine Base in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B)(iii). Defendant was sentenced as a career offender within the meaning of U.S.S.G. § 4B1.1(a). As such, defendant is ineligible for a reduction in sentence. Accordingly,

Defendant's Motion for Modification or Reduction of Sentence (docket #41) is DENIED.

DATED: September 17, 2010