Filed: May 10, 2016
Latest Update: May 10, 2016
Summary: ORDER MYRON H. THOMPSON , District Judge . During the sentencing hearing on April 27, 2016, the court stated that it would grant defendant Marshall Dillard Sims's motion for a downward variance by one level from the guidelines offense level of 21 to an effective offense level of 20, resulting in a sentencing range of 51 to 63 months at a criminal history category of IV. However, in order to determine the appropriate sentence within that range, the court stated that it needed additional info
Summary: ORDER MYRON H. THOMPSON , District Judge . During the sentencing hearing on April 27, 2016, the court stated that it would grant defendant Marshall Dillard Sims's motion for a downward variance by one level from the guidelines offense level of 21 to an effective offense level of 20, resulting in a sentencing range of 51 to 63 months at a criminal history category of IV. However, in order to determine the appropriate sentence within that range, the court stated that it needed additional infor..
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ORDER
MYRON H. THOMPSON, District Judge.
During the sentencing hearing on April 27, 2016, the court stated that it would grant defendant Marshall Dillard Sims's motion for a downward variance by one level from the guidelines offense level of 21 to an effective offense level of 20, resulting in a sentencing range of 51 to 63 months at a criminal history category of IV. However, in order to determine the appropriate sentence within that range, the court stated that it needed additional information regarding Sims's apparent mental-health and substance-abuse problems.
It is therefore ORDERED that:
(1) Defendant Marshall Dillard Sims's motion for a downward variance (doc. no, 44) is granted to the extent of one level from the guidelines offense level of 21 to an effective offense level of 20, resulting in a sentencing range of 51 to 63 months at a criminal history category of IV.
(2) Defense counsel is to arrange for an evaluation of defendant Sims's mental-health and substance-abuse issues (whether drug- or alcohol-related), and to file a written report of that evaluation under seal by no later than noon on May 25, 2016.
(3) Defendant Sims's sentencing hearing is to resume at 10:00 a.m., on May 27, 2016.
