United States District Court, S.D. West Virginia, Charleston Division
MEMORANDUM OPINION AND JUDGMENT ORDER
E. JOHNSTON UNITED STATES DISTRICT JUDGE
November 1, 2014, the United States Sentencing Guidelines
were amended resulting in reductions in the guidelines in
Section 2D1.1. The guideline reduction was given retroactive
effect. Pursuant to the order entered on February 5, 2016,
this case was designated for Standard consideration to
determine Defendant's eligibility for a reduction.
Court has received the original Presentence Investigation
Report (PSI), original Judgment and Commitment Order and
Statement of Reasons, plea agreement, and addendum to the PSI
from the Probation Office, and received any materials
submitted by the parties on this issue and finds that the
Defendant is a career offender, and, therefore is not eligible
for a sentence reduction.
on the foregoing considerations, the Court finds that the
Defendant is ineligible for a sentence reduction based on the
2014 amendments to U.S.S.G. § 2D.1.1.
IS SO ORDERED.
Court DIRECTS the Clerk to send a copy of this Order to the
Defendant and counsel, the United States Attorney, the United
States Probation Office, and the United States Marshal.
 Although the Defendant is currently
ineligible because he is a career offender, the Court notes
that the law regarding career offenders is currently the
subject of much litigation and could change. Thus, if a
determination is ever made that this Defendant is no longer
considered a career offender, the Court will entertain ...