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United States v. Palmer

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


April 17, 2006

UNITED STATES OF AMERICA, PLAINTIFF,
v.
REGINALD PALMER, DEFENDANT.

The opinion of the court was delivered by: Murphy, Chief District Judge

MEMORANDUM AND ORDER

On July 26, 2000, Defendant was sentenced to a 475-month term of imprisonment with 6 years of supervised release. On remand from the Seventh Circuit Court of Appeals for resentencing only, Defendant was resentenced on October 30, 2001, to a 405-month term of imprisonment with 6 years of supervised release. The Court of Appeals dismissed Defendant's second appeal on June 6, 2002.*fn1

This matter is before the Court on Defendant's motion to modify his sentence pursuant to 18 U.S.C. §§ 3553 and 3582 in light of an amendment to U.S.S.G. § 2D.1.2 and the Supreme Court's ruling in United States v. Booker, 125 S.Ct. 738 (2005). The Seventh Circuit Court of Appeals has held that the Booker ruling does not apply retroactively to convictions that were final prior to the Booker decision, which was issued on January 12, 2005. McReynolds v. United States, 397 F.3d 479, 481 (7th Cir. 2005). The Court is unclear as to Defendant's sentencing guideline amendment argument. Defendant appears to be claiming that § 2D1.2 was amended on November 1, 2000; that it is retroactive; and that, consequently, the enhancement contained therein should not have applied. If this is in fact his argument, it should have been raised at resentencing in the District Court and on appeal. The Court will not entertain it now. In any event, Defendant pleaded guilty to drug trafficking within a protected location under 21 U.S.C. § 860, and the other drug charges were dismissed as lesser included offenses. Thus, the Court does not see how the amendment could affect Defendant's sentence, even if it was retroactive. For these reasons, Defendant's motion (Doc. 74) is DENIED.

IT IS SO ORDERED.

G. PATRICK MURPHY Chief United States District Judge


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