United States v. Emigh

Order

GAGLIARDI, Senior District Judge.

I. Introduction

The Defendant moves this Court to reduce his sentence in light of a recent amendment to the United States Sentencing Guidelines which changed the marihuana plant-to-weight ratio for purposes of calculating a defendant’s appropriate guideline range. U.S.S.G. § 2Dl.l(c) (1995) (as amended by U.S.S.G. amend. 516 (1995)) (“Amendment 516”). The new guideline is retroactive. U.S.S.G. § lBl.lO(e). The Defendant advances two theories as to why his prior sentence should be reduced. First, the Defendant asserts that the new guideline ratio should…