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United States of America v. Quenta Parker

November 5, 2012

UNITED STATES OF AMERICA
v.
QUENTA PARKER



The opinion of the court was delivered by: Paul J. Barbadoro United States District Judge

ORDER

The defendant apparently seeks to reduce his sentence based upon a 2007 amendment to the Federal Sentencing Guidelines regarding cocaine base offenses ("2007 Crack Cocaine Amendment").*fn1 For the reasons stated below, the motion to reduce sentence (document no. 142) is DENIED.

On May 1, 2007, the United States Sentencing Commission (the "Commission") submitted to Congress an amendment to the Federal Sentencing Guidelines that lowers the guideline sentencing range for certain categories of offenses involving crack cocaine. Specifically, the amendment adjusts downward by two levels the base offense level assigned to each threshold quantity of crack cocaine listed in the Drug Quantity Table in §2D1.1 and provides a mechanism for determining the guideline range for offenses involving crack cocaine and other controlled substances. This amendment took effect November 1, 2007.

The defendant was sentenced on November 27, 2007, after the effective date of the 2007 Crack Cocaine Amendment. Thus, the court considered the 2007 Crack Cocaine Amendment at the time of sentencing and, as a result, the defendant is entitled to no further reduction in his sentence calculation. Therefore, the defendant's motion to reduce sentence (document no. 142) is DENIED.

SO ORDERED.

Paul J. Barbadoro

cc:

Counsel of ...


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