USA v. Murrell
Criminal

District of Nebraska, ned-8:2005-cr-00392-36058

ORDER REGARDING MOTION FOR SENTENCE REDUCTION PURSUANT TO 18:3582(c)(2) - denying {{64}} motion to reduce sentence pursuant to crack cocaine Amendment 706 as to Derrick Murrell (1). Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party)(ADB,)

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8:05-cr-00392-LSC-FG3 Doc # 66 Filed: 09/26/08 Page 1 of 2 - Page ID # 166 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA UNITED STATES OF AMERICA,) CASE NO. 8:05CR392) Plaintiff,)) vs.) ORDER) DERRICK MURRELL,)) Defendant.) This matter is before the Court on the Defendant's pro se motion to reduce his sentence as a result of crack cocaine Amendment 706 to the sentencing guidelines (Filing No. 64). Counsel was appointed. (Filing No. 65.) The Defendant pleaded guilty to Counts I and V of the Indictment. Count I charged a conspiracy to distribute and possess with intent to distribute 50 grams or more of crack cocaine, resulting in a statutory minimum sentence of 10 years. The Defendant was sentenced to 120 months imprisonment on Count I. Count V relates to criminal forfeiture. Even with the change in offense level as a result of Amendment 706, the Defendant was sentenced to the mandatory minimum sentence and, therefore, he is not entitled to a reduction under Amendment 706. United States v. McGuire, 524 F.3d 891, 892 (8th Cir. 2008). IT IS ORDERED that the Defendant's pro se motion to reduce his sentence as a result of crack cocaine Amendment 706 to the sentencing guidelines (Filing No. 64) is denied. 8:05-cr-00392-LSC-FG3 Doc # 66 Filed: 09/26/08 Page 2 of 2 - Page ID # 167 DATED this 26th day of September, 2008. BY THE COURT: S/Laurie Smith Camp United States District Judge 2