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United States of America v. Lester Dortch

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


October 5, 2012

UNITED STATES OF AMERICA, PLAINTIFF,
v.
LESTER DORTCH, DEFENDANT.

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

ORDER

Defendant Lester Dortch has filed a motion for a retroactive reduction of his sentence pursuant to 18 U.S.C. § 3582(c)(2) (Doc. 390). The Court appointed the Federal Public Defender to this case, and counsel filed a motion to withdraw on the grounds that the defendant is not eligible because he was sentenced entirely upon powder, and not crack cocaine (Doc. 394).

Upon review of the record, the Court FINDS that the defendant is not eligible for the relief he seeks. He was sentenced based exclusively on powder cocaine offenses, and not on crack cocaine, therefore there is no relief available to him based on the retroactive application of the Sentencing Guidelines.

Therefore, the Court DENIES defendant's motion for retroactive reduction in sentence on all grounds raised (Doc. 393).

The motion to withdraw (Doc. 394) is GRANTED. IT IS SO ORDERED.

DISTRICT JUDGE WILLIAM D. STIEHL

20121005

© 1992-2012 VersusLaw Inc.



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