Opinion
CRIMINAL NO. 5:97CR50042-001.
February 27, 2008
ORDER
Because of the recent revision to the base offense levels for crack cocaine, Section 2D1.1 of the United States Sentencing Guidelines, this matter has been considered for re-calculation of sentence pursuant to 18 U.S.C. § 3582(c)(2).
The United States Probation Office reviewed and issued on February 8, 2008, to the Office of the Federal Public Defender and the United States Attorney's Office an assessment of a potential re-calculation of the Defendant's range of imprisonment and noted the total quantity of cocaine used to establish his initial imprisonment range was based only on powder cocaine, along with the Pre-Sentence Report. Both parties had until February 22, 2008, to submit any objections.
Having reviewed the Probation Office's re-calculation of the applicable Guideline range of imprisonment and the record in this matter, including the Pre-Sentence Report, the Court finds that the defendant is subject to no reduction.
THUS DONE and SIGNED in Shreveport, Louisiana.