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United States of America v. Tammy R. Thomas

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


March 20, 2012

UNITED STATES OF AMERICA, PLAINTIFF,
v.
TAMMY R. THOMAS, DEFENDANT.

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

MEMORANDUM AND ORDER

This matter comes before the Court on defendant Tammy R. Thomas' objection (Doc. 77) to the Court's February 21, 2012, order (Doc. 76) dismissing her motion for a reduction of her criminal sentence pursuant to 18 U.S.C. § 3582(c)(2) and United States Sentencing Guidelines Manual ("U.S.S.G.") § 1B1.10. The Court dismissed her motion for lack of jurisdiction because, since Thomas was already sentenced using emergency U.S.S.G. Amendment 748, Amendment 750, which repromulgated the relevant parts of emergency Amendment 748 without change, did not lower her sentencing range. The Court construes Thomas' current motion as a motion to reconsider that order.

Thomas' motion misstates the basis for the Court's prior ruling. The Court did not dismiss the motion because Thomas was subject to a mandatory minimum sentence. Thus, Thomas' arguments miss the mark and do not persuade the Court that its earlier ruling was incorrect. Accordingly, the Court DISMISSES Thomas' objection (Doc. 77), construed as a motion for reconsideration for lack of jurisdiction.

IT IS SO ORDERED.

J. Phil Gilbert

20120320

© 1992-2012 VersusLaw Inc.



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