U.S. v. GASKIN

Criminal Action No. 2:12cr221-MHT.

UNITED STATES OF AMERICA, v. WENDELL GASKIN.

United States District Court, M.D. Alabama, Northern Division.


Attorney(s) appearing for the Case

USA, Plaintiff, represented by Verne H. Speirs , U.S. Attorney's Office, Curtis Ivy, Jr. , U.S. Attorney's Office & Kevin P. Davidson , United States Attorney's Office.


OPINION AND ORDER DENYING SENTENCE REDUCTION

MYRON H. THOMPSON, District Judge.

Amendment 782 to the 2014 edition of the Sentencing Guidelines revised the guidelines applicable to drug trafficking offenses. Following the United States Sentencing Commission's decision to give retroactive effect to the amendment, this court established a Retroactivity Screening Panel to determine whether a defendant might be eligible for a reduction of sentence. Upon consideration of the recommendation of the Retroactivity Screening Panel entered March 10, 2017, and after an independent and de novo review of the record, it is ORDERED that defendant Wendell Gaskin is not eligible to receive a reduction in sentence pursuant to Amendment 782 because he received a two-level "Holder" variance at sentencing, which had the effect of applying the two-level guideline reduction prior to the implementation of Amendment 782. In other words, defendant Gaskin has already been sentenced in accordance with the current guidelines, and is not eligible for a further reduction of his sentence.


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