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United States of America v. Cedric O. Robinson

January 17, 2012

UNITED STATES OF AMERICA
v.
CEDRIC O. ROBINSON, DEFENDANT.



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

ORDER DENYING MOTION TO REDUCE UNDER 18 U.S.C. § 3582

This cause comes before the Court on Defendant's motion for modification of sentence (doc. 63) pursuant to the retroactive crack cocaine amendment (Amendment 750) and 18 U.S.C. § 3582(c). The Government filed a response in opposition (doc. 64) and Defendant filed a reply (doc. 65).

Upon review, the Court finds that Defendant is not entitled to a sentence reduction because application of the guideline amendment results in no change to his sentencing range. Defendant's sentence was not imposed pursuant to § 2D1.1 of the United States Sentencing Guidelines, which has been amended. Defendant's sentence was subject to § 4B1.1 because he was a career offender, which resulted in an offense level of 34 and a guideline range of 262 to 327 months. Defendant's imprisonment was guided by his Career Offender status as opposed to the Sentencing Guidelines. As a result, Defendant's sentence is not affected by the crack cocaine amendment.

Accordingly, it is ORDERED AND ADJUDGED that the Motion Under 18 USC § 3582(c)(2) for Modification of Sentence by a Person in Federal Custody (doc. 63) is denied.

Stephan P. Mickle

20120117

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