United States v. Spivey, 4:11-cr-40037-021. (2019)
Court: District Court, W.D. Arkansas
Number: infdco20190826637
Visitors: 9
Filed: Aug. 23, 2019
Latest Update: Aug. 23, 2019
Summary: ORDER SUSAN O. HICKEY , Chief District Judge . On July 11, 2019, Petitioner Catrayl Spivey filed a Motion to Reduce Sentence pursuant to Section 404 of the First Step Act of 2018. (ECF No. 2075). On August 8, 2019, the Court appointed the Federal Public Defender to represent Petitioner with respect to the Motion to Reduce Sentence. (ECF No. 2077). On August 19, 2019, Petitioner filed a Notice of Intent Not to File a Motion to Reduce Sentence and Motion to Withdraw Motion to Reduce Sentence
Summary: ORDER SUSAN O. HICKEY , Chief District Judge . On July 11, 2019, Petitioner Catrayl Spivey filed a Motion to Reduce Sentence pursuant to Section 404 of the First Step Act of 2018. (ECF No. 2075). On August 8, 2019, the Court appointed the Federal Public Defender to represent Petitioner with respect to the Motion to Reduce Sentence. (ECF No. 2077). On August 19, 2019, Petitioner filed a Notice of Intent Not to File a Motion to Reduce Sentence and Motion to Withdraw Motion to Reduce Sentence...
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ORDER
SUSAN O. HICKEY, Chief District Judge.
On July 11, 2019, Petitioner Catrayl Spivey filed a Motion to Reduce Sentence pursuant to Section 404 of the First Step Act of 2018. (ECF No. 2075). On August 8, 2019, the Court appointed the Federal Public Defender to represent Petitioner with respect to the Motion to Reduce Sentence. (ECF No. 2077). On August 19, 2019, Petitioner filed a Notice of Intent Not to File a Motion to Reduce Sentence and Motion to Withdraw Motion to Reduce Sentence. (ECF No. 2081). In this document, which the Court construes as a Motion to Withdraw Motion to Reduce Sentence, Petitioner's counsel stated that Petitioner is not eligible for a sentence reduction under the First Step Act of 2018 and that counsel would "not file a motion to reduce sentence . . . and respectfully requests that [Petitioner's] Motion (Doc. 2075) be withdrawn." (ECF No. 2081, p. 3.)
Upon consideration, the Court finds that good cause has been shown for the Motion to Withdraw Motion to Reduce Sentence. Accordingly, the Court finds that Petitioner's Motion to Withdraw Motion to Reduce Sentence (ECF No. 2081) should be and hereby is GRANTED. Petitioner's Motion to Reduce Sentence (ECF No. 2075) is hereby WITHDRAWN.
IT IS SO ORDERED.
Source: Leagle
