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United States of America v. Derek Lamar

January 5, 2012

UNITED STATES OF AMERICA
v.
DEREK LAMAR POPE, DEFENDANT.



The opinion of the court was delivered by: Stephan P. Mickle Senior United States District Judge

ORDER DENYING MOTION TO REDUCE SENTENCE

This cause comes before the Court on Defendant's Motion for Resentencing Instanter (doc. 55), which the Court will treat as a motion to reduce sentence under the Fair Sentencing Act and 18 U.S.C. § 3582(c).

Upon review, the Court finds that Defendant is not entitled to a sentence reduction because application of Fair Sentencing Act and the guideline amendment results in no change to Defendant's sentencing range. Defendant was held accountable for 309 grams of cocaine base, which qualified him for the 10-year minimum mandatory sentence under 21 U.S.C. § 841(b)(1)(A)(iii) as amended by the Fair Sentencing Act because his offense involved more than 280 grams of cocaine base.

The 10-year minimum mandatory sentence determined Defendant's guideline sentencing range. Because the sentencing range has not changed, Defendant is not eligible for a sentence reduction. See United States v. Williams, 549 F.3d 1337 (11th Cir. 2008). Accordingly, it is

ORDERED AND ADJUDGED that Defendant's motion to reduce sentence (doc. 55) is denied.

Stephan P. Mickle

20120105

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