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UNITED STATES DISTRICT COURT DISTRICT OF MAINE UNITED STATES OF AMERICA v. ABDEL DESVARIEUX, DEFENDANT ) ) ) ) ) ) ) )

CRIMINAL NO. 04-80-P-H

ORDER ON DEFENDANT'S MOTION TO REDUCE SENTENCE The defendant has asked for the appointment of counsel on a form prepared by this District's Federal Defender's office in connection with processing cases under the retroactive crack cocaine Guideline amendment. Because the

retroactive Guideline cannot help this defendant, however, I deny the motion. I sentenced the defendant on November 22, 2004. I found him to be a career offender under Guideline 4B1.1, with a Guidelines range of 262 to 327 months. Drug quantity did not affect determination of that Guidelines range.1 I then granted a government motion to depart and sentenced the defendant to 204 months. Because the defendant's final sentence was not affected by drug quantity (not in calculation of the Base Offense Level or Total Offense Level and in the resulting Guidelines range; and not in the amount of the downward departure),

Except in the sense that the quantity charged in the indictment affected the maximum authorized sentence under 21 U.S.C.

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