Free Motion to Appoint Counsel - District Court of Connecticut - Connecticut

Case 3:03-cr-00106-AVC

Document 31

Filed 12/27/2007

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT UNITED STATES OF AMERICA VS. RICKY ELLIS : : : NO. 3:03CR106 AVC DECEMBER 24, 2007

MOTION FOR REAPPOINTMENT OF COUNSEL Pursuant to the Criminal Justice Act, 18 U.S.C. §§3006A et seq. and this District's Criminal Justice Act Plan, defendant Ricky Ellis moves the Court to reappoint the undersigned to represent him with post-sentencing motions. In support of this motion, the undersigned respectfully represents as follows: 1. The undersigned counsel was appointed as counsel for the defendant Ricky Ellis on April 24, 2003, pursuant to the Criminal Justice Act ("CJA"). 2. On January 20, 2004, the defendant was sentenced to a total of 84 months for a violation of 21 U. S. C. §§841(a)(1) and 841(b)(1)(B). 3. On May 1, 2007, the United States Sentencing Commission ("Commission") submitted amendments to the federal sentencing guidelines, pursuant to 28 U. S. C. §994(a) and (p), that would adjust downward by two levels the base offense level assigned in crack cocaine cases as those offenses are listed in the Drug Quantity Table in §2D1.1. 4. On November 1, 2007, the Commission's amendment to the Federal sentencing guidelines took effect.

Case 3:03-cr-00106-AVC

Document 31

Filed 12/27/2007

Page 2 of 3

5. On December 11, 2007, the Commission voted to give retroactive effect to the amendment to the Federal Sentencing guidelines and set March 3, 2008, as the effective date for retroactivity. 6. A review of the defendant's sentence by the undersigned counsel indicates that the defendant is eligible for a reduction in sentence under the amended Federal Sentencing Guidelines. 7. Accordingly, the undersigned moves for reappointment of counsel so as to allow the defendant to present this issue to the court in an orderly and efficient manner. WHEREFORE, the defendant respectfully requests that his Motion for Reappointment of Counsel be granted, together with such other and further relief as the Court deems proper. Respectfully submitted, DEFENDANT, RICKY ELLIS

By:________________________________ Richard S. Cramer 250 Hudson Street Hartford, CT 06106 (860) 560-7704 Federal Bar No. ct00016 Email: [email protected]

Case 3:03-cr-00106-AVC

Document 31

Filed 12/27/2007

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CERTIFICATION THIS IS TO CERTIFY that a copy of the foregoing was mailed postage prepaid this ______ day of December 2007 to: Raymond F. Miller Assistant U. S. Attorney 157 Church Street New Haven, CT 06510

___________________________________ Richard S. Cramer