U.S. v. McNEALY

ELIZABETH KOVACHEVICH, District Judge

This cause comes before the Court on the defendant's motion for modification of sentence, the requested modification was based on the retroactive application of revised cocaine base sentencing guidelines (Docket No. 1241). The Court appointed counsel in this case and required responses from the United States Probation Office, the government, and the defendant through his appointed counsel. The Court has received and reviewed the responses (Docket Nos. 1252 and 1259 and Probation's Amended Retroactive Crack Cocaine Amendment Eligibility Assessment). The government and probation concur that the defendant is not eligible for a reduction in sentence based on the amended guidelines. The Court finds the responses of the government and probation persuasive and specifically incorporates them by reference herein. Accordingly, it is.

ORDERED that defendant's motion for modification of sentence, the requested modification was based on the retroactive application of revised cocaine base sentencing guidelines (Docket No. 1241) be denied. DONE AND ORDERED in Chambers in Tampa, Florida.