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United States v. Jackson

United States District Court, Fourth Circuit

June 26, 2013

UNITED STATES OF AMERICA,
v.
HAROLD STEVEN JACKSON, Defendant.

MEMORANDUM OPINION

PETER J. MESSITTE, District Judge.

Defendant Harold Steven Jackson was sentenced to 87 months imprisonment on March 06, 2007 for possession of a firearm by a convicted felon in violation of 18 U.S.C. § 922(g).

Jackson has moved for a modification of his sentence pursuant to 18 U.S.C. § 3582(c)(2). This section permits a court to modify a sentence if a defendant was sentenced to a term of imprisonment based on a sentencing range that has subsequently been lowered by the Sentencing Commission pursuant to 28 U.S.C. § 994(o). If the sentencing range has been so lowered, the court must also consider the factors set forth in 28 U.S.C. § 3553(a) and determine whether a reduction is consistent with applicable policy statements by the Sentencing Commission. See 18 U.S.C. § 3582(c)(2).

Jackson's Motion does not identify what amendment subsequently lowered the sentencing range under which he was imprisoned. Section 1B1.10(c) of the Sentencing Guidelines lists all of the retroactively applicable amendments. A review of the amendments since 2007 indicates that none would change the range of Jackson's sentence under 18 U.S.C. § 922(g). Jackson is thus ineligible for a reduction in his sentence under 18 U.S.C. § 3582(c)(2), because he was not sentenced pursuant to a range that has subsequently been lowered by the Sentencing Commission.

Jackson's Motion is hereby DENIED.

A separate Order shall ISSUE.


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