U.S. v. MORGAN

Criminal No. 1:12CR59-LG-RHW-4.

UNITED STATES OF AMERICA, v. BOBBY CHARLES MORGAN.

United States District Court, S.D. Mississippi, Southern Division.


Attorney(s) appearing for the Case

USA, Plaintiff, represented by Annette Williams , U. S. ATTORNEY'S OFFICE, Stan B. Harris , U. S. ATTORNEY'S OFFICE & John A. Meynardie , U. S. ATTORNEY'S OFFICE.


ORDER DENYING MOTION TO REDUCE SENTENCE

LOUIS GUIROLA, Jr., Chief District Judge.

The Defendant filed this [365] Pro Se Motion for Reduction of Sentence Pursuant to 18 U.S.C. 3582(c)(2), requesting that his offense level and guideline range be reduced "based on the Alleyene v. United States." In Alleyne v. United States, 133 S.Ct. 2151, 2162 (2013), the Supreme Court held "that facts that increase mandatory minimum sentences must be submitted to the jury." Because no count of conviction carried a mandatory minimum sentence in defendant's case, (see Stmt. of Reasons 1 (¶1), ECF No. 182), the Alleyne case has no application to the defendant's sentence.

The defendant also refers to 18 U.S.C. § 3582(c)(2). In November 2015, he received a sentence reduction from 126 months to 105 months pursuant to § 3582(c)(2). (See Order Regarding Mot. for Sentence Reduction Pursuant to 18 U.S.C. § 3582(c)(2) at 1, ECF No. 337). The defendant requests a reduction of his total offense level from 27 to 25, but this reduction has already been applied to defendant's sentence by the Court's Order. (Id. at 2, ECF No. 338). For these reasons, the defendant has not shown he is entitled to the relief requested.

IT IS THEREFORE ORDERED AND ADJUDGED that the defendant's [365] Pro Se Motion for Reduction of Sentence Pursuant to 18 U.S.C. 3582(c)(2) is DENIED.

SO ORDERED AND ADJUDGED.


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