MEMORANDUM RULING

ROBERT G. JAMES, District Judge.

Before the Court is a "Joint Motion Agreeing to Eligibility for Imposition of a Reduced Sentence Pursuant to Section 404 of the First Step Act." [Doc. No. 458]. Pursuant to the motion, both Defendant Charles Zenon and the United States of America agree Zenon is eligible for a reduced term of imprisonment pursuant to the First Step Act. However, they disagree as to whether the Court should exercise its discretion and reduce Zenon's term of incarceration. Specifically, Zenon requests that the Court reduce his sentence of imprisonment to a total term of 360 months. Id. at 1. The government argues no reduction is appropriate, because Zenon's current sentence "rests at the bottom of his revised, recommended Guidelines range of imprisonment." Id. The parties agree Zenon's term of supervised release should be reduced to four years. Id.

I.

BACKGROUND

On June 17, 1992, when Zenon was twenty-one years old, he was charged in a five count Indictment as follows:

On February 26, 1993, a jury found Zenon guilty of all counts in the Indictment. A sentencing hearing was held on June 25, 1993. At that time, Zenon's statutory sentencing range was ten years to life on Counts I and IV; five to forty years on Count II; not less than five years on Count III (consecutive); and not less than twenty years on Count V (consecutive). Under the Sentencing Guidelines (which were mandatory at the time of Zenon's sentencing), Zenon's total offense level was 38 and his criminal history category was a level I, resulting in a guideline range of 235 to 293 months incarceration on Counts I, II and IV, 60 months consecutive on Count III, and 240 months consecutive on Count V. Zenon was sentenced at the bottom of the guideline range to a total term of imprisonment of 535 months (i.e., 44 years, 7 months), as follows: 235 months on Counts I, II and IV to run concurrently; 60 months on Count III to run consecutive to Counts I, II and IV; and 240 months on Count V, to run consecutively to Counts I, II, III and IV. Thereafter, in light of retroactive amendments to the Sentencing Guidelines, Zenon's sentence on Counts I, II and IV was reduced to 121 months, thereby reducing his total sentence of incarceration from 535 months to 421 months. Zenon has currently served approximately 321 months of incarceration.

II.

DISCUSSION

A. First Step Act

Zenon seeks relief under Section 404 of the First Step Act of 2018. FIRST STEP ACT OF 2018, PL 115-391, 132 Stat. 5194 (enacted Dec. 21, 2018). Section 404 permits district courts to reduce the sentence of certain defendants sentenced prior to August 3, 2010, "as if sections 2 and 3 of the Fair Sentencing Act of 2010 . . . were in effect at the time the covered offense was committed."1 Id. The parties agree Zenon meets all criteria for a reduction under Section 404 of the First Step Act. Specifically, Zenon's offense was committed before August 3, 2010, and the statutory penalties applicable to his cocaine base offenses were modified by Section 2 of the Fair Sentencing Act.

If the Court were to sentence Zenon as if Section 2 of the Fair Sentencing Act were in effect, Zenon's statutory sentencing range on Counts I, II and IV would be 5 to 40 years imprisonment. Zenon's statutory mandatory minimum sentences of five years on Count III and twenty years on Count V, with each running consecutively, remain unchanged.2 The minimum term of supervised release would be four years.

B. Analysis

Zenon requests that the Court reduce his sentence of imprisonment to a total term of 360 months as follows: 60 months on Counts I, II and IV to run concurrently; 60 months on Count III to run consecutively to Counts I, II and IV; and 240 months on Count V to run consecutively with the sentences on Counts I, II, III and IV. The government's sole argument as to an appropriate sentence is that no reduction is warranted, because Zenon's "current sentence rests at the bottom of his revised, recommended Guidelines range of imprisonment."3 [Doc. No. 458 at 4].

A review of the record in this matter shows Zenon is currently forty-eight years old. He was nineteen at the commencement of the offense conduct, and twenty-two at the time of the original sentencing. Zenon has now been incarcerated for more than twenty-six years. He has no prior criminal history, and no violence was involved in the offenses for which he was convicted.4 Zenon has been a GED instructor in the Bureau of Prisons for over twenty years. He teaches reentry courses and is a Suicide Watch Companion for other inmates struggling with depression and feelings of self-harm. He has completed numerous college, vocational and other educational courses. Zenon plans to work with his family in their residential construction business upon release. Zenon's mother is suffering from cancer and he wishes to assist her through her illness. While Zenon has had some disciplinary incidents in the past few decades he has been incarcerated, only one — Assaulting Without Serious Injury — involves any violence. That incident occurred in 1995, and according to counsel, Zenon was defending himself from an inmate assault.5

Following a review of the original presentence investigation report, the addendum thereto prepared by the Office of Probation in connection with this motion, records from the Bureau of Prisons, and the briefs and attached exhibits submitted by counsel [Doc. Nos. 458, 459], the Court will exercise its discretion and reduce Zenon's sentence as follows: Zenon's total term of imprisonment will be reduced from 421 months to 360 months, and his term of supervised release will be reduced from five years to four years.6 The Court finds the foregoing sentence is sufficient, but not greater than necessary, to reflect the seriousness of the offense, afford adequate deterrence to criminal conduct, and protect the public from further crimes of this defendant.

III.

CONCLUSION

For the reasons set forth above,

IT IS ORDERED that the Joint Motion Agreeing to Eligibility for Imposition of a Reduced Sentence Pursuant to Section 404 of the First Step Act [Doc. No. 97] is GRANTED, and the Court will issue an amended judgment reducing Defendant Charles Zenon's sentence to a total term of imprisonment of 360 months and reducing his term of supervised release to four years.