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United States v. Hills

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


December 10, 2009

UNITED STATES OF AMERICA
v.
JACKIE JAMES HILLS

The opinion of the court was delivered by: Fullam, Sr. J.

MEMORANDUM

On February 23, 2009, the above-named defendant, Jackie James Hills, filed in the Clerk's Office a "Request for Appointment of Counsel and Request to Proceed with Consideration," in order to obtain reconsideration of his sentence because of the retroactive amendment of the Sentencing Guidelines relating to crack cocaine offenses. Apparently, the document was not served on the U.S. Attorney's Office or anyone else, so there has been some delay in disposing of the application.

Mr. Hills' application must be denied. The record discloses (1) Mr. Hills was sentenced under the amended guidelines, and does not qualify for any adjustment due to the retroactive impact of the change; and (2) in Mr. Hills' case, the government made a motion for reduced sentence under 5(k)(1), and the motion was granted. Mr. Hills is simply not eligible for any modification of sentence. An Order follows.

John P. Fullam, Sr. J.

20091210

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