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United States of America v. Marvin L. Monroe

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


April 4, 2011

UNITED STATES OF AMERICA, PLAINTIFF,
v.
MARVIN L. MONROE, DEFENDANT.

The opinion of the court was delivered by: J. Phil Gilbert District Judge

MEMORANDUM AND ORDER

This matter comes before the Court on a mandate from the Court of Appeals for the Seventh Circuit (Doc. 231) remanding this case at the request of the Government. This Court originally found defendant Marvin Monroe ineligible for a reduction of his criminal sentence pursuant to 18 U.S.C. § 3582(c)(2) and United States Sentencing Guideline Manual § 1B1.10 because it believed he was sentenced based only on powder cocaine. On appeal, the Government confessed this was error and asked for a remand. In light of the mandate, the Court VACATES its order dismissing Monroe's motions for a reduction (Doc. 224), REINSTATES those motions (Docs. 211 & 220), and ORDERS the Government to respond to those motions on or before April 15, 2011. Should the government fail to respond, the Court will construe that failure as an admission that Monroe is eligible for a reduction in sentence and that the Governmenot does not oppose the reduction as requested in Monroe's motions.

IT IS SO ORDERED.

J. Phil Gilbert

20110404

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