Filed: Aug. 06, 2019
Latest Update: Aug. 06, 2019
Summary: ORDER JAMES D. WHITTEMORE , District Judge . BEFORE THE COURT is Defendant's Motion to Reduce Sentence Pursuant to the First Step Act of 2018 (Dkt.124). A response is unnecessary, as Defendant includes the position of the United States in his motion. Upon consideration, Defendant's motion is DENIED. His pro se construed motion (Dkt. 118) is DENIED as moot . Defendant pleaded guilty to Counts One and Four of a Superseding Indictment, which charged him with possession with intent
Summary: ORDER JAMES D. WHITTEMORE , District Judge . BEFORE THE COURT is Defendant's Motion to Reduce Sentence Pursuant to the First Step Act of 2018 (Dkt.124). A response is unnecessary, as Defendant includes the position of the United States in his motion. Upon consideration, Defendant's motion is DENIED. His pro se construed motion (Dkt. 118) is DENIED as moot . Defendant pleaded guilty to Counts One and Four of a Superseding Indictment, which charged him with possession with intent t..
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ORDER
JAMES D. WHITTEMORE, District Judge.
BEFORE THE COURT is Defendant's Motion to Reduce Sentence Pursuant to the First Step Act of 2018 (Dkt.124). A response is unnecessary, as Defendant includes the position of the United States in his motion. Upon consideration, Defendant's motion is DENIED. His pro se construed motion (Dkt. 118) is DENIED as moot.
Defendant pleaded guilty to Counts One and Four of a Superseding Indictment, which charged him with possession with intent to distribute 50 grams or more of cocaine base, and Count Two, which charged him with carrying a firearm during and in relation to a drug trafficking crime (Dkt. 62). He was sentenced to 151 months on Counts One and Four and 60 months consecutive on Count Two, followed by concurrent 60 months terms of supervised release (Dkt. 76). His sentences on Counts One and Four were reduced to 130 months as a result of Amendment 782 to the United States Sentencing Guidelines (Dkt. 113). His sentence on Count Two remained the same.
Section 404 of the First Step Act, Pub. L. No. 115-391, made retroactive the reduction in statutory penalties modified by the Fair Sentencing Act of 2010, Pub. L. No. 111-220, 124 Sta. 2372 (2010) ("FSA"). See First Step Act of 2018, Pub. L. No. 115-391, § 404(b) (2018). It is undisputed that Defendant is eligible for a sentence reduction under the First Step Act, since Counts One and Four are "covered offenses" under the First Step Act, because the statutory penalties for those offenses were modified by the FSA.1 Defendant requests a sentence reduction to time served, and a reduced term of supervised release. The United States agrees that Defendant is eligible for a sentence reduction on Counts One and Four, but opposes a reduction in sentence, since Defendant's sentencing guidelines range remains unchanged.
Defendant is currently serving a low end guidelines sentence of 130 months on Counts One and Four.2 Notwithstanding his eligibility for a sentence reduction, Section 404 authorizes, but does not require a sentence reduction.3 After considering the factors in 18 U.S.C. § 3553(a), including Defendant's conduct while in prison, the court declines to reduce his sentence. His offense was serious, involving in excess of 310 grams of cocaine base, and the carrying of a firearm during the offense. The need to reflect the seriousness of the offense, promote respect for the law, promote deterrence and protect the public all mitigate against a reduced sentence.4 All other terms and conditions of the Judgment remain in full force and effect. His request for a hearing is denied.
DONE AND ORDERED.
