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United States of America v. Keith Harris

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS URBANA DIVISION


August 24, 2011

UNITED STATES OF AMERICA, PLAINTIFF,
v.
KEITH HARRIS, DEFENDANT.

The opinion of the court was delivered by: Michael P. McCUSKEY Chief U.S. District Judge

E-FILED

Wednesday, 24 August, 2011 09:44:11 AM Clerk, U.S. District Court, ILCD

OPINION

This case is before the court for ruling on the pro se Motion to Reduce Sentence (#25) filed by Defendant, Keith Harris. Defendant's Motion (#25) is DENIED.

BACKGROUND

On November 7, 2007, Defendant was charged by indictment with the offense of knowingly possessing a firearm after having been previously convicted in a court of a crime punishable by imprisonment for a term exceeding one year, in violation of Title 18, United States Code, Section 922(g)(1). On December 22, 2008, Defendant pled guilty to this offense pursuant to a written plea agreement (#16). On April 3, 2009, Defendant was sentenced to a term of 96 months in the Federal Bureau of Prisons, to be followed by a 3 year term of supervised release.

ANALYSIS

On August 19, 2011, Defendant filed a pro se Motion to Reduce Sentence (#25). Defendant asked this court to hold a re-sentencing hearing and reduce his sentence based upon Amendment 742 to the United States Sentencing Guidelines which eliminated the "recency" points assessed by U.S.S.G. § 4A1.1(e). Defendant is not entitled to the relief requested. Amendment 742 became effective on November 1, 2010, more than a year after Defendant was sentenced, and was not made retroactive. See United States v. Adams, 640 F.3d 41, 42 (1st Cir. 2011); Tolen v. United States, 2011 WL 37845, at *6 (N.D. Ill. 2011). Accordingly, this court does not have the authority to modify Defendant's sentence. See Abril-Amador v. United States, 2011 WL 2181310, at *1 (S.D. Cal. 2011).

IT IS THEREFORE ORDERED THAT Defendant's pro se Motion to Reduce Sentence (#25) is DENIED.

Michael P. McCuskey

20110824

© 1992-2011 VersusLaw Inc.



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