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United States v. McKeithan

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


September 30, 2009

UNITED STATES OF AMERICA
v.
CURTIS MCKEITHAN

The opinion of the court was delivered by: Sylvia H. Rambo United States District Judge

MEMORANDUM

On January 12, 2009, Defendant Curtis McKeithan filed a pro se motion for a sentence reduction pursuant to 18 U.S.C. § 3582(c)(2). On August 31, 2009, this court amended his offense level which had no effect on his sentence. The sentence, therefore, was not reduced. On September 14, 2009, Defendant filed a motion for reconsideration, contending that the court, when considering whether to grant the 3582(c)(2) reduction, should have also considered applying 18 U.S.C. § 3552(a) considerations.

In United States v. Mateo, 560 F.3d 152, 156 (3d Cir. 2009), the court held that the district court's authority under § 3582(c)(2) and U.S.S.G. § 1B1.10(B)(1) is limited to applying "only the effect of the crack cocaine amendments." Thus, the August 13, 2009 order was proper. An appropriate order will be issued.

ORDER

In accordance with the accompanying memorandum, IT IS HEREBY ORDERED THAT the motion for reconsideration is DENIED.

Dated: September 29, 2009.

20090930

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