U.S. v. JEFFERSON, 05-10314-RGS. (2012)
Court: District Court, D. Massachusetts
Number: infdco20120514674
Visitors: 11
Filed: May 11, 2012
Latest Update: May 11, 2012
Summary: MEMORANDUM AND ORDER ON DEFENDANT'S MOTION FOR A FURTHER REDUCTION OF SENTENCE RICHARD G. STEARNS, District Judge. Having reviewed the Memorandum and Order of March 5, 2009, and the attached extracts from the sentencing hearing, I am confident that I did not sentence Mr. Jefferson under the career offender provisions of U.S.S.G. 4B1.1, but rather under the "crack" cocaine guidelines as they then existed. In authorizing a reduction in the sentence in 2009, the court acted on the mistaken assu
Summary: MEMORANDUM AND ORDER ON DEFENDANT'S MOTION FOR A FURTHER REDUCTION OF SENTENCE RICHARD G. STEARNS, District Judge. Having reviewed the Memorandum and Order of March 5, 2009, and the attached extracts from the sentencing hearing, I am confident that I did not sentence Mr. Jefferson under the career offender provisions of U.S.S.G. 4B1.1, but rather under the "crack" cocaine guidelines as they then existed. In authorizing a reduction in the sentence in 2009, the court acted on the mistaken assum..
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MEMORANDUM AND ORDER ON DEFENDANT'S MOTION FOR A FURTHER REDUCTION OF SENTENCE
RICHARD G. STEARNS, District Judge.
Having reviewed the Memorandum and Order of March 5, 2009, and the attached extracts from the sentencing hearing, I am confident that I did not sentence Mr. Jefferson under the career offender provisions of U.S.S.G. § 4B1.1, but rather under the "crack" cocaine guidelines as they then existed. In authorizing a reduction in the sentence in 2009, the court acted on the mistaken assumption that a ten-year mandatory minimum sentence applied and it thus treated 120 months as a floor below which it could not go.1 It is also clear from the Memorandum, and my own recollection of Mr. Jefferson (who stood out for the commendable rehabilitative efforts that he has undertaken while in prison), that I would have authorized a reduction to the then applicable guideline minimum sentence of 92 months.
I will do so now. Defendant's motion is ALLOWED. The sentence is reduced to 92 months. All other terms and conditions of the sentence remain unchanged. The Clerk will revise the Judgment accordingly and notify the Bureau of Prisons of the court's decision.
SO ORDERED.
FootNotes
1. Mr. MacKinlay, the Assistant U.S. Attorney, has graciously pointed out the court's error, noting that a five-year mandatory sentence applied instead as the government had not filed a notice pursuant to 21 U.S.C. § 851.
Source: Leagle
