Opinion
CASE NO. 1:03-cr-00056-MP-AK.
December 29, 2008
ORDER
This matter is before the Court on Doc. 467, Motion to reconsider this Court's prior order (Doc. 464) denying a reduction of sentence under 18 U.S.C. § 3582. Having reviewed Mr. Stewart's present motion, the Court finds no argument that justifies holding Mr. Stewart responsible for less than 4.5 kilograms of crack cocaine. Accordingly, he still qualifies for the highest base offense level, and the amendment thus does not lower the guideline range applicable to this defendant. Guidelines § 1B1.10(a)(1) does not permit the Court to reduce the original sentence in this situation.
Accordingly it is hereby
ORDERED AND ADJUDGED:
1. The motion to reconsider at Doc. 467 is denied.
DONE AND ORDERED.