Opinion
Criminal No. 05-0061 (ESH).
April 23, 2008
MEMORANDUM OPINION AND ORDER
On April 18, 2008, defendant Kevin H. Powell filed a pro se Motion to Reduce or Modify a Sentence Pursuant to 18 U.S.C. § 3582(c)(2). His arguments are the same as those which he previously raised in his Memorandum in Support of Defendant's Position with Respect to Resentencing and Remand, which was filed on November 30, 2007. However, as this Court explained in its Memorandum Opinion dated March 6, 2008, which denied defendant's motion, his sentence was established by statute and not the Sentencing Guidelines. "Powell was given the statutorily-required mandatory minimum sentences . . . the recent Guidelines amendments [do not have] any effect on the statutorily-required terms of incarceration." U.S. v. Powell, No. 05-CR-0061(ESH) (D.D.C. Mar. 6, 2008).
Therefore, the Court has no power to reduce or modify defendant's sentence, and his Motion to Reduce or Modify a Sentence Pursuant to 18 U.S.C. § 3582(c)(2) must be DENIED.