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UNITED STATES OF AMERICA, Plaintiff, v. JOHN SCHULER, JR., Defendant.

ORDER

BARBARA CRABB, District Judge

Defendant John Schuler, Jr., has filed a motion pursuant to 18 U.S.C. § 3582, seeking a modification of the sentence imposed upon him on January 21, 1994, by Judge John C. Shabaz. Now that Judge Shabaz has taken senior status, I am handling the cases assigned to him, including this one. Unfortunately for defendant, he is not eligible for a reduction in his sentence.

To obtain a reduction under § 3582 and Amendment 706, defendant must show that he was sentenced for possession or distribution of crack cocaine. Defendant was sentenced for bank robbery. He has not cited any amendment to the guidelines that would affect his sentence. Accordingly, he is not eligible for a sentencing reduction.

ORDER

IT IS ORDERED that defendant John Schuler, Jr.'s motion for a sentence reduction under 18 U.S.C. § 3582 is DENIED.

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U.S. v. SCHULER
(May 1, 2009)