United States District Court, D. Minnesota
Michael L. Cheever, Assistant United States Attorney, Counsel
Meyers, Assistant Federal Defender, Counsel for Defendant.
Michael J. Davis United States District Judge
matter is before the Court on Defendant's Motion for
Sentence Reduction pursuant to 18 U.S.C. § 3582(c) and
Section 404 of the First Step Act.
February 28, 2003, Defendant pleaded guilty to a one count
Indictment which charged possession with intent to distribute
90 grams of cocaine base, in violation of 21 U.S.C. §
841(a)(1) and (b)(1)(A). At the time of sentencing, the
statute of conviction provided for a sentencing range of 10
years to life in prison. Defendant was also designated a
Career Offender, and because the statutory maximum sentence
for the crime of conviction was life in prison, §
4B1.1(b)(1) set the base offense level at 37. With a
three-level reduction for acceptance of responsibility, his
total offense level was determined to be 34, and with a
criminal history category of VI, the applicable guideline
range was determined to be 262 to 327 months. On May 28,
2004, Defendant was sentenced to a term of imprisonment of
Motion to Reduce Sentence
to Section 404 of the First Step Act “[a] court that
imposed a sentence for a covered offense may, on motion of
the defendant, the Director of the Bureau of Prisons, the
attorney for the Government, or the court, impose a reduced
sentence as if section 2 an 3 of the Fair Sentencing Act of
2010  were in effect at the time the covered offense was
committed.” Pub. L. No. 115-391, 132 Stat. 5194 (2018).
A covered offense is defined as “a violation of a
Federal criminal statute, the statutory penalties for which
were modified by section 2 or 3 of the Fair Sentencing Act of
2010  that was committed before August 3, 2010.”
Id. The First Step Act is limited to those otherwise
eligible defendants whose sentence was not previously imposed
or reduced in accordance with sections 2 or 3 of the Fair
Sentencing Act of 2010 or if a previous motion to reduce
under the First Step Act was denied. Id.
Fair Sentencing Act of 2010 (“FSA”) reduced the
mandatory minimum penalties for offenses involving cocaine
base by raising the drug quantity thresholds required to
trigger a mandatory minimum term of imprisonment. Prior to
the FSA, 50 grams or more of cocaine base triggered a
mandatory minimum penalty of ten years to life. The FSA
raised the drug quantity threshold to 280 grams of cocaine
base to trigger the statutory penalty of 10 years to life.
Section 2, Pub. L. No. 111-220, 214 Stat. 2372 (2010).
case, Defendant was held responsible for approximately 90
grams of cocaine base. Applying the provisions of the FSA,
his crime of conviction is now subject to a statutory penalty
of five years minimum to 40 years. Because Defendant is a
Career Offender as defined in the Sentencing Guidelines, and
because the statutory maximum sentence for the crime of
conviction is now forty years, § 4B1.1(b)(1) sets the
base offense level at 34. With a three-level reduction for
acceptance of responsibility, the total offense level is 31,
and with a criminal history category VI the applicable
guideline range is 188 to 235 months, and the guideline range
for supervised release is 4 to 5 years. The parties agree
that Defendant is eligible for a sentence reduction under the
First Step Act.
has already served approximately 180 months of his sentence
and has earned about 25 months of good conduct credit.
Accordingly, Defendant requests that he be sentenced to a
term of imprisonment for time served. Defendant further
requests that the Court sentence him to a 4-year term of
supervised release. The government supports a reduction of
Defendant's sentence to time served, but requests the
Court stay the motion for two weeks to allow the Bureau of
Prisons and the Probation Office time to effectuate a smooth
transition for Defendant back to society. The government
takes no position on whether the Court should reduce the term
of supervised release to four years, but requests the Court
modify the conditions of supervised release to include up to
four months in a residential re-entry center.
Court has reviewed the file and the parties' submissions
and finds that a sentence reduction to time served is
warranted in this case. Such a sentence is in the interests
of justice and furthers the purposes for sentencing that are
set forth in 18 U.S.C. § 3553(a).
IT IS HEREBY ORDERED that Defendant's Motion for Sentence
Reduction [Doc. No. 84] is GRANTED. Defendant's sentence
is reduced to time served. Defendant is further sentenced to
a term of four years supervised release. As a condition of
supervised release, Defendant shall reside up to four months
in a residential ...