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U.S. v. STOKES, 2:07cr66-MHT. (2015)

Court: District Court, M.D. Alabama Number: infdco20151210884 Visitors: 10
Filed: Dec. 09, 2015
Latest Update: Dec. 09, 2015
Summary: OPINION AND ORDER MYRON H. THOMPSON , District Judge . In 2014, Amendment 782 to the United States Sentencing Guidelines revised the guidelines applicable to the drug-trafficking offense for which this court sentenced defendant Bobby Stokes, Jr. The Sentencing Commission simultaneously promulgated Amendment 788, making Amendment 782 retroactive. This court established a Retroactivity Screening Panel to determine whether a defendant might be eligible for a sentence reduction pursuant to 18 U
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OPINION AND ORDER

In 2014, Amendment 782 to the United States Sentencing Guidelines revised the guidelines applicable to the drug-trafficking offense for which this court sentenced defendant Bobby Stokes, Jr. The Sentencing Commission simultaneously promulgated Amendment 788, making Amendment 782 retroactive. This court established a Retroactivity Screening Panel to determine whether a defendant might be eligible for a sentence reduction pursuant to 18 U.S.C. § 3582(c)(2).

Stokes's case was submitted for review, but the Panel was unable to reach a unanimous recommendation due to a disagreement over the applicable law—namely, whether the Eleventh Circuit's holding in United States v. Glover, 686 F.3d 1203 (11th Cir. 2012), that a below-mandatory-minimum sentence cannot be reduced based on a retroactive amendment to the Guidelines, was abrogated by the Commission's subsequent promulgation of Amendment 780, which states that a reduction should be made without regard to the mandatory minimum when the court originally departed below it based on a substantial-assistance motion.

Both the government and Stokes agree that his eligibility for a sentence reduction is governed by Amendment 780 (and that he is thus eligible); the court concurs. See United States v. Morris, No. 3:07CR261-MHT, ___ F. Supp. 3d ___, 2015 WL 7756138 (M.D. Ala. Dec. 2, 2015). Furthermore, the court agrees with the parties both that a sentence reduction is warranted in Stokes's case and as to the extent of that reduction. See Joint Sentencing Position for Defendant Bobby Stokes, Jr. (doc. no. 101).

* * *

After conducting an independent and de novo review of the record, it is ORDERED, pursuant to 18 U.S.C. § 3582(c)(2), that the sentence of imprisonment of 168 months previously imposed on defendant Bobby Stokes, Jr., as reflected in the last judgment issued, is reduced to 140 months.

Source:  Leagle

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