USA v. Parker et al

1:06-cr-00034Nhd5 nov 2012

Testo completo

UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEW HAMPSHIRE
United States of America
v. Case No. 06-cr-034-01-PB
Quenta Parker
O R D E R
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"). For the reasons stated below, the motion to reduce	1
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
The defendant previously filed a motion seeking the	1
appointment of counsel to pursue a sentence reduction based upon
the 2010 Crack Cocaine Amendment, which was denied on February
28, 2012.
Case 1:06-cr-00034-PB Document 143 Filed 11/05/12 Page 1 of 2
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.
Date: November 5, 2012 /s/ Paul J. Barbadoro
Paul J. Barbadoro
United States District Judge
cc: Quenta Parker, pro se
Counsel of Record
2
Case 1:06-cr-00034-PB Document 143 Filed 11/05/12 Page 2 of 2

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