U.S. v. EMIGH

Nos. 92-13-CR-FTM-21, 92-123-CR-FTM-21.

933 F.Supp. 1055 (1996)

UNITED STATES of America, Plaintiff, v. Thomas EMIGH, Defendant.

United States District Court, M.D. Florida.

July 9, 1996.


Attorney(s) appearing for the Case

Robert Barclift, Asst. U.S. Atty., United States Attorney's Office, Ft. Myers, Florida, for United States of America.

Rosemary Thalmueller Cakmis, Office of Federal Public Defender, Orlando, FL, for Defendant.


Order

GAGLIARDI, Senior District Judge.

I. Introduction

The Defendant moves this Court to reduce his sentence in light of a recent amendment to the United States Sentencing Guidelines which changed the marihuana plant-to-weight ratio for purposes of calculating a defendant's appropriate guideline range. U.S.S.G. § 2D1.1(c) (1995) (as amended by U.S.S.G. amend. 516 (1995)) ("Amendment 516"). The new guideline is retroactive. U...

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