UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
March 20, 2012
STEVEN TROY HICKS (3), PETITIONER,
UNITED STATES OF AMERICA,
The opinion of the court was delivered by: M. James Lorenz United States District Court Judge
ORDER DENYING PETITIONER'S MOTION FOR RECONSIDERATION
On July 1, 2008, Petitioner, Steven Troy Hicks ("Petitioner") proceeding pro se, filed a Motion for Modification of Term of Imprisonment pursuant to 18 U.S.C. § 3582(c)(2). Petitioner's motion was based upon Amendment 706 to the Federal Sentencing Guidelines, pertaining to crack cocaine offenses, which became effective in March 2008. The Government filed a response, and Petitioner filed a reply.
On June 4, 2009, the Court denied Petitioner's motion. On March 13, 2012, Petitioner moved for reconsideration.
The Court notes Petitioner's motion for reconsideration, which was filed nearly 3 years after the Order was issued, is untimely. However, even after having considered Petitioner's motion, and the record in this case, the Court is not persuaded that its Order denying Petitioner's Motion for Modification of Term of Imprisonment was erroneous or manifestly unjust. Accordingly,
Petitioner's Motion for Reconsideration is DENIED.
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