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UNITED STATES OF AMERICA, Plaintiff, v. JAMES LEE CALLAHAN, JR., Defendant.

MEMORANDUM OPINION AND ORDER

ROBERT BELL, Chief District Judge

This matter is before the Court on defendant's Motion for Modification or Reduction of Sentence Pursuant to 18 U.S.C. § 3582(c)(2) (docket #81). Based on a review of defendant's motion, the Sentence Modification Report, submissions by counsel on behalf of the defendant and the government, and the original criminal file, the Court has determined that the motion should be denied as follows:

Defendant was sentenced to the mandatory minimum of 120 months in custody at the time of sentencing on July 21, 2006. Since Amendment 706 does not result in a lower guideline range than the mandatory minimum sentence imposed, defendant is not eligible for a sentence reduction under 18 U.S.C. § 3582(c)(2) and USSG § 1B1.10.

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U.S. v. CALLAHAN
(Feb 1, 2010)