United States
v.
Wiggins

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISIONDec 29, 2011
CASE NO. 4:04-CR-018-SPM (N.D. Fla. Dec. 29, 2011)

CASE NO. 4:04-CR-018-SPM

12-29-2011

UNITED STATES OF AMERICA, Plaintiff, v. ZACCHEUS WIGGINS, Defendant.


ORDER DENYING MOTION TO MODIFY UNDER 18 U.S.C. § 3582

This cause comes before the Court on Defendant's motion (doc. 108) to modify sentence under the retroactive crack cocaine amendment (Amendment 750) and 18 U.S.C. § 3582(c). The Government filed a response in opposition (doc. 109).

Upon review, the Court finds that Defendant is not entitled to a sentence reduction because application of the guideline amendment results in no change to his sentencing range. Defendant was subject to a statutory mandatory minimum sentence, which also determined his sentencing range. Because Defendant's sentencing range remains the same under the amended guidelines, he is not eligible for a sentence reduction. See United States v. Williams, 549 F.3d 1337 (11th Cir. 2008). Accordingly, it is

ORDERED AND ADJUDGED that Defendant's motion to modify sentence (doc. 108) is denied.

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Stephan P. Mickle


Senior United States District Judge