Free Order on Motion to Reduce Sentence re Crack Cocaine Offense - 18:3582 - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 Alex Niebla, 13 Defendant. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Case 2:03-cr-00882-SMM Document 253 Filed 04/07/2008 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

United States of America, Plaintiff, vs.

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CR 03-882-3-PHX-SMM ORDER

After a review of the defendant's motion to reduce sentence and the sentencing records, it does not appear defendant's guideline sentence would be affected by the amendment. The defendant's guideline calculations were based in part on his possession of "crack" cocaine, he was also held accountable for possession of a quantity of marijuana. The defendant's total offense level was determined using the marijuana equivalent of the two drugs. A comparison of the guidelines used at the time of sentencing and the new 2007 guidelines indicates defendant's total offense level would not be affected. IT IS THEREFORE ORDERED denying defendant's motion to reduce sentence. DATED this 4th day of April, 2008.