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6 D!STPICT
PageIDCOlJRT
2969
u.~.
c
ORIGiNAL
IN THE UNITED STATES DISTRICT COURTi
FOR THE NORTHERN DISTRICT OF TEX&3:RK
FORT WORTH DIVISION
'B~'
~~~~~, ~
VS D .
ISTRICT COURT
'.
Dtputy
VS.
BOBBY WAYNE REED
CRIMINAL NO.4:96-CR-068-J
636(b).
Reed,
72743-079
filed
3582(c) (2).
B. PARTIES
Defendant Bobby Wayne Reed is currently confined at FCI-El
Reno in El Reno, Oklahoma.
him
in
this
distribute
cause
cocaine
for
conspiracy
to
possess
21
U. S. C.
in violation of
with
846,
intent
along
to
with
On direct
2255, were
between the
guidelines
applicable
to
disparity
3582(c)
1B1.10(c).
lThe first 2255 motion was assigned civil case number 4:99-CV-682-J; the
second, assigned civil number 4:01-CV-483-A, was dismissed on June 13, 2001; the
third, assigned civil case number 4:03-CV-640-A, was dismissed on June 30, 2003;
the fourth, refiled in case number 4:99-CV-682-J, was dismissed on December 7,
2004; the fifth, assigned civil case number 4: 05-CV-515-J, was dismissed on
September 27, 2005.
the
3582(c) (2)
and USSG
IBl.10(a).
The Fair Sentencing Act of 2010, amidst other things, reduced
statutory penalties for cocaine base ("crack" cocaine) offenses. U.
S. SENTENCING GUIDELINES MANuAL, Supplement to the 2010 Supplement to
Appendix C, Amendment 748, Reason for Amendment (November 1, 2010).
Although the applicable sentence levels for quantities of cocaine
base were in fact changed by Amendment 748 to the guidelines, those
changes and Amendment 748 have not been made retroactive. U.S.S.G.
reduction
consistent
in
with
the
this
defendant's
policy
added).
Thus,
term
of
statement
imprisonment
and
therefore
is
also
not
is
not
is
not
IBl.I0(a) (2)
eligible
for
any
Booker, 543 u.s. 220(2005) and Kimbrough v. United States, 552 u.s.
85 (2007).
A motion under
3582(c) (2),
howeve~,
is
it
challenge
to
the
appropriateness
of
the
original
Furthermore,
Fifth Circuit has held that Booker did not alter the mandatory
character of
238
(5 th Cir.),
cert. den'd,
130
at
238-9
Thus,
cognizable in a
1011;
Reed's
claims
for
resentencing
United States v.
Evans,
674
are
not
55 F.3d at
(5 th Cir.
2009),
2 Thus,
as Reed is not eligible for a reduction under 3582(c) (2), and
there is no statutory basis for a resentencing, although Reed has presented
numerous letters on his behalf as attachments to the motion, the Court has not
considered them.
II. RECOMMENDATION
this
file
specific
28 U.S.C.
extending
objections
the
to
deadline
the
FED.
within
United
R.
Cry.
which
States
to
P.
72 (b).
file
Magistrate
The court is
specific
Judge's
written
proposed
state the
basis for the objection, and specify the place in the magistrate
judge's report and recommendation where the disputed determination
is found.
79
F.3d 1415,
1428-29
(5th Cir.
1996) (en
bane) .
IV. ORDER
Under 28
U.S.C.
636,
it
granted until December 20, 2010 to serve and file written objections to the United States Magistrate Judge's proposed findings,
conclusions
and recommendation.
It
is
further ORDERED
that
if
is
further ORDERED
that
the
be and is hereby,
21 ,
2010.
CURETON
ATES MAGISTRATE JUDGE