USA v. Addison et al

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:17-CR-00134-FDW-SCR
THIS MATTER comes before the Court on the defendant’s pro se Motion to Reduce
Sentence, pursuant to 18 U.S.C. § 3582(c)(2). (Doc. No. 3484).
Title 18, United States Code, Section 3582(c)(2) allows a court to reduce a sentence based
on a guideline range that “has been” subsequently lowered by the Sentencing Commission. Here,
Defendant anticipates that a proposed amendment will have the effect of lowering his guideline
range. (Doc. No. 3483, pp. 1-2). Without any legal authority, he asks the Court to apply the
“Amendments Effective November 1, 2023” to reduce his sentence. (Id., p. 3). Defendant’s
motion is premature pending the enactment of the proposed amendment, and the Court will deny
the instant motion without prejudice to Defendant’s ability to file a renewed motion if and when
the law upon which Defendant seeks to rely becomes enacted.
IT IS, THEREFORE, ORDERED that Defendant’s motion, (Doc. No. 3484), is
DENIED WITHOUT PREJUDICE.
IT IS SO ORDERED.
USA )
)
v. ) ORDER
)
TWYLAIN WILSON )
)
Signed: September 11, 2023
Case 3:17-cr-00134-FDW-MTO Document 3485 Filed 09/11/23 Page 1 of 1