GOVERNMENT'S MOTION FOR REDUCTION OF SENTENCE PURSUANT TO FED. R. CRIM. P. 35 AND ORDER GRANTING MOTION FOR REDUCTION

JOHN A. MENDEZ, District Judge.

The United States, by and through its attorney of record Assistant United States Attorney Jason Hitt, submits this motion seeking a reduction in the overall sentence of defendant Thomas JOPSON ("defendant") based upon substantial assistance that he is expected to provide subsequent to his sentencing by this Court.

BACKGROUND

On July 28, 2015, this Court sentenced the defendant to 1 year and 1 day in prison. At the time of the defendant's sentencing, the United States did not file a motion for reduction of sentence pursuant to U.S.S.G. § 5K1.1 because of uncertainty involving the ability to use the defendant's substantial assistance in the related criminal matter, United States v. Hoffman, et al., Case No. 2:15-CR-0234 JAM. After defendant's sentencing events in the Hoffman matter have persuaded the United States that the defendant's substantial assistance will very likely be important any trial in the Hoffman case. The United States anticipates calling the defendant to provide important trial testimony against Nathan HOFFMAN and others in a future trial date. Because the defendant's initial sentence was 1 year and 1 day, his release date requires any benefit for his substantial assistance to be made now or he would simply receive no benefit for his cooperation. Based on these considerations, the United States now moves that the defendant's sentence of 1 year and 1 day be reduced to time served pursuant to Rule 35(b).

On March 30, 2016, I spoke with the defendant's retained counsel, William Portanova, Esq., and explained that the United States intended to make a Rule 35 motion on behalf of his client. Mr. Portanova indicated that he and his client waive any need to appear in Court in connection with this motion.

AUTHORITY

Pursuant to Rule 35 "[t]he court, on motion of the government made within one year after the imposition of the sentence, may reduce a sentence to reflect a defendant's subsequent, substantial assistance in the investigation or prosecution of another person. . . ." Fed. R. Crim. P. 35(b). Based upon the defendant's anticipated testimony in any trial of the Hoffman matter, the United States now moves for the defendant's sentence of 1 year and 1 day months in prison be reduced to a sentence of time served months in prison. If this motion is granted, the United States respectfully requests that the Court issue an amended judgment reflecting the new sentence and, upon that issuance, the Bureau of Prisons will process the defendant for release.