United States District Court, Eastern District of Pennsylvania
March 11, 2002
UNITED STATES OF AMERICA
EASTON WHYTE, A/K/A "LARRY WHYTE", DEFENDANT
The opinion of the court was delivered by: Katz, S.J.
MEMORANDUM A N D ORDER
Following a jury trial in 1988, defendant was convicted and sentenced
for drug and weapons offenses.
The case arose in 1987 when police saw defendant with drugs, defendant
fled leading to a high-speed car chase resulting in a crash, then fled on
foot, was pulled down from a fence, pointed a loaded pistol at police and
was finally arrested carrying about $4,300 worth of crack and powdered
The first direct appeal was denied. United States v. Whyte, 892 F.2d 1170
(3d Cir. 1989). In 1992, the court denied defendant's first motion under
28 U.S.C. § 2255. In 1995, the court granted defendant's pro se
motion based on an amendment to the sentencing guidelines and resentenced
defendant to 360 months' imprisonment. The Court of Appeals affirmed. In
1997 this court denied defendant's second motion under 28 U.S.C. § 2255
and the Court of Appeals denied his appeal; certiorari was also denied.
Another 1997 appeal was also dismissed. In 1998 defendant filed another
motion which this court denied and the Court of Appeals affirmed. In
1999, defendant filed another motion with the Court of Appeals, sought
mandamus and was denied relief in the Court of Appeals. In 2000 defendant
filed a motion in the District of New Jersey, which was denied and
affirmed in the Court of Appeals.
The present motion sets forth no basis on which the court can grant
relief. Sentencing guidelines amendments 568 and 630 are not listed in
subsection (c) of Section 1B1.10 as authorizing a reduction in
defendant's term of imprisonment.
An appropriate Order follows.
AND NOW, this 11th day of March 2002, upon consideration of defendant's
Motion for Modification of Sentence Pursuant to 18 U.S.C. § 3582(c)(2),
and the government's response thereto, it is ORDERED that the defendant's
Motion is DENIED for the reasons stated in the foregoing Memorandum.
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