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United States Ofamerica v. Calvin Campbell

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


December 22, 2010

UNITED STATES OFAMERICA, PLAINTIFF,
v.
CALVIN CAMPBELL, DEFENDANT.

The opinion of the court was delivered by: David G. Larimer United States District Judge

DECISION AND ORDER

Defendant, Calvin Campbell ("Campbell"), moves, pro se, (Dkt. #53), for an order reducing his sentence, presumably based on the Fair Sentencing Act of 2010, which became effective November 1, 2010. This Act affects, prospectively, prosecutions for cocaine base offenses. However, both the statute itself and the law in the Second Circuit is that the Act is not retroactive and, therefore, Campbell, who was sentenced over two years ago, in February 2008, is entitled to no relief under the new statute.

CONCLUSION

The motion (Dkt. #53) to reduce the sentence of Calvin Campbell is in all respects denied. IT IS SO ORDERED.

Rochester, New York

20101222

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