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United States of America v. Damon T. Sumrall

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


December 8, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
DAMON T. SUMRALL, DEFENDANT

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

MEMORANDUM AND ORDER

Before the Court is defendant's motion to reduce sentence (Doc. 293) pursuant to 18 U.S.C. § 3582. The Court appointed the Federal Public Defender to represent the defendant in this matter, but after review, the FPT sought leave to withdraw on the grounds that the defendant's sentence was based on powder cocaine, not crack cocaine amounts.*fn1 The Court granted counsel leave to withdraw (Doc. 304). The defendant has also a second motion for retroactive application of the sentencing guidelines (Doc. 301), a supplement to his motion (Doc. 306) and three motions to proceed in forma pauperis (Doc. 294, 302 & 307),

The Court FINDS that the defendant is not eligible for a reduction in sentence*fn2 because he was sentenced on a quantity of cocaine which imposed a mandatory minimum sentence. "Nothin in § 3582(c)(2) permits a court to reduce a sentence below a mandatory minimum"

United States v. Forman, 553 F.3d 585, 588 (7th Cir. 2009); Kimbrough v. United States,128 S.Ct. 558 (2007).

Accordingly, the Court DENIES defendant's motions for reduction of sentence pursuant to 18 U.S.C. § 3582.*fn3 The motions to proceed in forma pauperis are DENIED as moot.

IT IS SO ORDERED.

WILLIAM D. STIEHL DISTRICT JUDGE


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