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United States v. Hunt

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA


April 15, 2008

UNITED STATES OF AMERICA, PLAINTIFF,
v.
KIMBERLY N. HUNT, DEFENDANT.

The opinion of the court was delivered by: Terrence F. McVerry United States District Court Judge

MEMORANDUM ORDER

Pending before the Court is Defendant's MOTION FOR REDUCTION OF SENTENCE BASED ON 2007 GUIDELINE AMENDMENT NINE (Document No. 27), which was filed by Kimberly N. Hunt pro se. In essence, Defendant requests a reduction in her sentence as a result of the amendments to the United States Sentencing Guidelines for offenses involving cocaine base, in the form commonly known as crack cocaine.

At Criminal Information No. 05-251, Ms. Hunt was charged with an offense involving powder cocaine, not crack cocaine. Accordingly, the 2007 amendments to the sentencing guidelines do not apply to her conviction or sentence. Moreover, after Ms. Hunt waived indictment and pled guilty, she was originally sentenced on February 28, 2006 to the statutory mandatory minimum term of imprisonment of 120 months.*fn1 The guideline amendments, even if applicable, would not permit the Court to impose a sentence below the statutory minimum.

USSG § 5G1.1.

Accordingly, Defendant's MOTION FOR REDUCTION OF SENTENCE BASED ON 2007 GUIDELINE AMENDMENT NINE (Document No. 27) is DENIED.

SO ORDERED.


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