United States v. Kinder

OPINION AND ORDER

BILLINGS, District Judge.

Defendant moved on April 29, 1994 to modify his sentence, pursuant to 18 U.S.C. §§ 3582(c)(2) and 3742(a). The government opposes the motion.

*123 Background

The Court sentenced Kinder to 120 months, plus five years supervised release, on May 27, 1993, following Kinder’s guilty plea to possession with intent to distribute 21 grams of “pink microdot” d-Lysergic Acid, Diethylmide tartrate (“LSD”).1 The 21 grams represented 2,235 tablets or doses of LSD. The quantity of the drug in addition to defendant’s prior federal narcotics conviction resulted in a United…