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United States of America v. Tracy Turner

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


August 1, 2012

UNITED STATES OF AMERICA, PLAINTIFF,
v.
TRACY TURNER, DEFENDANT.

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

DECISION AND ORDER

Defendant, Tracy Turner ("Turner"), has filed, pro se, a motion for reduction of sentence (Dkt. #71). The motion is denied. On October 31, 2011, the Court sentenced Turner principally to a term of 84 months imprisonment. That sentence was a substantial reduction from the United States Sentencing Guidelines of 168-210 months with a statutory minimum sentence of 120 months. The reduction was based on the Government's 5K and 18 U.S.C. § 3553(e) motion. But, more to the point, once the Court imposes sentence it has no ability or jurisdiction to reduce or modify that sentence even were I inclined to do so, which is not the case, based on the substantial benefit already received by Turner.

CONCLUSION

Defendant's motion (Dkt. #71) to reduce the sentence is in all respects denied. IT IS SO ORDERED.

20120801

© 1992-2012 VersusLaw Inc.



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