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U.S. v. Smith

United States District Court, M.D. Florida, Fort Myers Division
Feb 8, 2006
2:00-cr-14-FtM-29DNF (M.D. Fla. Feb. 8, 2006)

Opinion

2:00-cr-14-FtM-29DNF.

February 8, 2006


ORDER


This matter comes before the Court on Defendant's Motion to Reduce Pursuant to 18 U.S.C. § 3582(c)(2) (Doc. #55), filed on February 3, 2006. Defendant argues that, pursuant to 18 U.S.C. § 3582(c)(2), his sentence should be modified because the government did not prove the substance contained sodium bicarbonate, and "the Clarifying Amendment U.S.S.G. § 2D1.1, is retroactive." Defendant does not specify what Amendment is retroactive.

This is defendant's third motion for relief under § 3582(c).

Defendant pled guilty pursuant to a Plea Agreement (Doc. #18) and was sentenced on July 7, 2000, to 151 months of imprisonment, 36 months of supervised release, and a $100 special assessment. Judgment (Doc. #35) was entered on July 17, 2000, and defendant did not file a direct appeal. On March 1, 2004, defendant filed a Motion for Modification of an Imposed Term of Imprisonment (Doc. #38), arguing that his sentence must be modified under 18 U.S.C. § 3582(c)(1)(B) because the government did not prove the substance contained sodium bicarbonate and therefore did not prove it was crack cocaine under the Sentencing Guidelines. On March 4, 2004, the Court entered an Order (Doc. #39) denying the motion.

In the instant motion, defendant repeats the same arguments raised in the March 1, 2004, Motion (Doc. #38) except under a different sub-section. Under § 3582(c)(2), the Court may reduce the term of imprisonment if a defendant was sentenced under a sentencing range that was subsequently lowered by the Sentencing Commission. The Court finds no change in the law and no retroactive Amendment to the Sentencing Guidelines since the entry of the March 4, 2004, Order. The Court incorporates its March 4, 2004, findings as if stated herein and denies the motion.

A copy of said Order is attached.

Accordingly, it is now

ORDERED:

Defendant's Motion to Reduce Pursuant to 18 U.S.C. 3582(c)(2) (Doc. #55) is DENIED for the reasons stated in the Court's March 4, 2004, Order (Doc. #39) and herein.

DONE AND ORDERED.


Summaries of

U.S. v. Smith

United States District Court, M.D. Florida, Fort Myers Division
Feb 8, 2006
2:00-cr-14-FtM-29DNF (M.D. Fla. Feb. 8, 2006)
Case details for

U.S. v. Smith

Case Details

Full title:UNITED STATES OF AMERICA v. SWEN CLEOPAS SMITH, A/K/A SWEN CLEOFAS SMITH…

Court:United States District Court, M.D. Florida, Fort Myers Division

Date published: Feb 8, 2006

Citations

2:00-cr-14-FtM-29DNF (M.D. Fla. Feb. 8, 2006)