Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States of America v. Tut Agistino Wegn

March 12, 2012

UNITED STATES OF AMERICA
v.
TUT AGISTINO WEGN



The opinion of the court was delivered by: Steven J. McAuliffe United States District Court

NOTICE OF RULING / ORDER

Re: Document No. 40, Motion to Reconsider Ruling: While it is true that "120 months" is not a "range" in the normal understanding of the term, still, for Sentencing Guidelines purposes it is indeed a "range" consisting of one point. And, while a motion brought under 18 U.S.C. ss 3553(e) permits the court to impose a sentence (for limited reasons) below the minimum period dictated by statute, the mandated minimum is not thereby changed, relief from the mandate is merely allowed for the purposes specified - that is, the minimum remains the "guideline range." Accordingly, the applicable range was not altered or lowered by the referenced retroactive guideline amendment, and relief under that amendment is not available to the petitioner. The motion for reconsideration is necessarily denied.

So ordered.

cc:

20120312

© 1992-2012 VersusLaw ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.