UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
April 29, 2009
UNITED STATES OF AMERICA, PLAINTIFF,
ANDREW FELITT BEDENFIELD, DEFENDANT.
The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge
On March 10, 2009, this Court referred Defendant's Motion for Reduction of Sentence (Docket No. 307) to the Office of the Federal Defender. In a letter dated March 16, 2009, that Office responded to the Court taking the position that appointment of counsel is not warranted.
Additionally, having independently reviewed Defendant's request, the Court now denies his Motion. Judgment was entered against Defendant on March 8, 2006. He now seeks relief under USSG § 4A1.2, as amended November 1, 2007, by Amendment 709, USSG app. C, amend. 709 (2007). However, because that amendment is not to be applied retroactively, Defendant's Motion is DENIED. United States v. Marler, 527 F.3d 874, 877 n.1 (9th Cir. 2008).
IT IS SO ORDERED.
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