Free Motion to Reduce Sentence re Crack Cocaine Offense - 18:3582 - District Court of Connecticut - Connecticut

I Case 3:00-cr-00263-JCH Document 1871 Filed 03/10/2008 Page 1 of 3
F I
UNITED STATES DISTRI%bI' COURT
DISTRICT OF CONNEC'$IM.lqT' O Q {Z U3
BFS? ¤~
V ‘ si Ig.? Y ` i
UNITED STATES OF AMERICA, : NO. 3:00CR263 (JCH)
Plaintiff :
v. :
DAVID M. BURDEN, (DMX), : MARCH 6, 2008
Defendant
MOTION FOR MODIFICATION OF SENTENCE PURSUANT
TO 18 §3582(c)(2) AND 1B1.10 OF THE SENTENCING GUIDELINES
The defendant, through counsel, respectfully moves for a modification of sentence
based on 18 §3582(c)(2) and 1B1.1O of Sentencing Guidelines.
In support of said motion, the defendant represents the following:
1. united States Code 18 §3582 (c) (2) states as follows:
(2) in the case of a defendant who has been sentenced to a
term of imprisonment based on a sentencing range that has
subsequently been lowered by the Sentencing Commission
pursuant to 28 U.S.C. 994(0), upon motion of the defendant or
the Director of the Bureau of Prisons, or on its own motion, the
court may reduce the term of imprisonment, after considering the
= factors set forth in section 3553(a) to the extent that they are
applicable, if such a reduction is consistent with applicable policy
statements issued by the Sentencing Commission.
2. Sec. 1B1.10 of the Sentencing Guidelines states:
(a) Where a defendant is sewing a term of imprisonment, and the guideline
range applicable to that defendant has subsequently been lowered as a result
of an amendment to the Guidelines Manual listed in subsection (c) below, a
reduction in the defendant’s term of imprisonment is authorized under 18
U.S.C. §3582(c)(2).

Case 3:00-cr-00263-JCH Document 1871 Filed 03/10/2008 Page 2 of 3 .
(b) ln determining whether, and to what extent, a reduction in the term of
imprisonment is warranted for a defendant eligible for consideration under 18
U.S.C. § 3582 (c)(2), the court should consider the term of imprisonment that it
would have imposed had the amendment(s) to the guidelines listed in
subsection (c) been in effect at the time the defendant was sentenced, except
that in no event may the reduced term of imprisonment be less than the term of
imprisonment the defendant has already served.
3. That the defendant is currently incarcerated and sewing a sentence. 1
4. The defendant argues that his sentence could be reduced by at least (2)
levels due to recent decisions based on the cracl For all the foregoing reasons, the defendant respectfully asks the Court to
modify his sentence for the above-mentioned reasons.
A THE DEFENDANT, DAVID M. BURDEN
Byr
Attorney Timothy P.`Aspinwall - ct #03452
( 3200 Main Street
Stratford, CT 06614
Tel: (203) 377-7348
FAX: (203) 378-1836
email: [email protected]
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Case 3:00-cr-00263-JCH Document 1871 Filed 03/10/2008 Page 3 of 3
CERTIFICATION
This is to certify that a copy of the foregoing has been mailed to the following on date
first hereinabove written:
Original sent to:
Clerk, U. S. District Court
District of Connecticut
915 Lafayette Boulevard
Bridgeport, CT 06604
Copy sent to:
Judge Janet C. Hall
U. S. District Court
915 Lafayette Boulevard
Bridgeport, CT 06604
Assistant U. S. Attorney Robert M. Appleton
United States District Court
915 Lafayette Boulevard
Bridgeport, CT 06604
David M. Burden — Inmate #14231-014
Federal Correctional Institution
P.O. Box 1000
Otisville, NY 10963
( Z) Q
Timothy P. Asp' wall
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