UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
August 1, 2012
UNITED STATES OF AMERICA, PLAINTIFF,
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.
Defendant's motion (Dkt. #71) to reduce the sentence is in all respects denied. IT IS SO ORDERED.
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