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United States of America v. Stephen Darnell Lee

November 3, 2011

UNITED STATES OF AMERICA
v.
STEPHEN DARNELL LEE



ORDER

This matter comes before the Court pursuant to Defendant's pro se Motion for Reconsideration of Sentence Based Upon a Change in the Sentencing Guidelines (Doc. # 35), which was filed on November 2, 2011. The Court denies the Motion as follows.

On December 3, 2009, this Court sentenced Defendant to the statutory mandatory minimum sentence that could be imposed in this case, which was 60 months of imprisonment. As the Court has sentenced Defendant to the shortest term of imprisonment permitted by statute, Defendant is considered ineligible for relief under Amendment 750. Accordingly, a reduction of Defendant's sentence is not authorized under 18 U.S.C. § 3582(c) and is not consistent with U.S.S.G. § 1B1.10.

Accordingly, it is

ORDERED, ADJUDGED and DECREED: Defendant's Motion for Reconsideration of Sentence Based Upon a Change in the Sentencing Guidelines (Doc. # 35) is DENIED. Defendant's sentence is not subject to reduction pursuant to the retroactive application of the amendments to U.S.S.G. § 1B1.10.

Copies:

Office of the Federal Defender United States Attorney's Office United States Probation office Any pro se party

20111103

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