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

Case 1:01-cr-00214-WYD

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 01-CR-214-WYD UNITED STATES OF AMERICA, Plaintiff, v. 29. TOMMY JONES, Defendant. ______________________________________________________________________ DEFENDANT TOMMY JONES' UNOPPOSED MOTION FOR 20 MONTH SENTENCING REDUCTION PURSUANT TO 18 U.S.C. § 3582(c)(2) ______________________________________________________________________

Defendant Tommy Jones, through his CJA counsel, Stephen C. Peters, files the above styled motion for the following good cause shown: 1. As directed in the Court's February 11, 2008 Minute Order (Docket 3541),

substitute cja counsel has previously notified the Court of defendant Jones' eligibility for a sentencing reduction pursuant to 18 U.S.C. § 3582(c)(2) (Docket 3547). On March 15, 2008, the U.S. Attorney notified the Court that it agrees with Jones' position (Docket 3554). For the reasons set forth below, the Court should find and conclude, under the particular circumstances of this case, that Mr. Jones should be resentenced to 120 months imprisonment. 2. Although appointed counsel did not represent Mr. Jones in the underlying

prosecution, he has obtained and reviewed copies of the pre-sentence report and the

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relevant judgment, consulted with Mr. Jones by telephone on multiple occasions, and studied the applicable Manual for the 2000 United States Sentencing Guidelines. Based on counsel's review of these materials, and with Mr. Jones' authority, counsel provides the following information to the Court: 3. Mr. Jones was charged and convicted with aiding and abetting one sale of

seven grams of crack. The date of the offense was May 22, 2001. No firearms or other controlled substances were implicated in computing the applicable offense level. At a sentencing hearing on December 3, 2003, the Court determined that a total offense level of 28 applied. Mr. Jones' criminal history category is Level VI. The Court determined that the applicable sentencing range was 140 to 175 months, and sentenced the defendant to 140 months, i.e. to the bottom of the then applicable range. 4. Under the amendment to the applicable guideline, 2D1.1, as implemented

by guideline 1B1.10(a), Mr. Jones' advisory total offense level is 26. Using the 2000 Guidelines sentencing table, Mr. Jones' new sentencing range is 120-150 months. Jones should benefit from the retroactive application of the advisory guideline amendment and be resentenced to 120 months, or the bottom of the lower guideline range. 5. Although Mr. Jones was sentenced before United States v. Booker, 543

U.S. 220 (2005) was decided, he does not seek a hearing to consider 18 U.S.C. § 3553(a) factors if the Court is disposed to impose the 120 month sentence which we believe is indicated in this particular case. Defendant Jones was sentenced at the bottom of the earlier applicable range in the first instance. There are no intervening
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aggravating reasons why he should not be resentenced at the bottom of the newly applicable (albeit now advisory) range, as evidenced by the fact that the government does not oppose the relief sought by this motion. In particular, none of the factors enumerated in the commentary to amended guideline §1B1.10 weigh against granting a reduction of Jones' sentence. In particular, no public safety considerations or postsentencing conduct weigh against granting the 20 month reduction in Mr. Jones' sentence. 6. In conformity with the Court's February 11, 2008 order appointing

substitute CJA counsel, the undersigned has contacted assistant U.S. attorney Guy Till, who advises that the U.S. Attorney for the District of Colorado does not oppose this motion to reduce Defendant Jones' sentence to 120 months. Likewise, the U.S. Attorney agrees that the Court may rule on this motion without any further hearing or appearance by Defendant Jones, who is currently incarcerated at U.S. Peneteniary, Lvenworth, Kansas. 7. A copy of the judgment of conviction in this case is attached as Exhibit A

for the Court's ease of reference in considering this motion.

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Dated: April 28, 2008. Respectfully submitted,

s/ Stephen C. Peters Stephen C. Peters Peters Law Firm, L.L.C. 3773 Cherry Creek Drive North Suite 1005E Denver, CO 80209 303-393-1704 303-399-8333 (F) [email protected] CJA Attorney for Defendant Tommy Jones

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CERTIFICATE OF SERVICE I hereby certify that on April 28, 2008, I electronically filed the foregoing DEFENDANT TOMMY JONES' UNOPPOSED MOTION FOR 20 MONTH SENTENCING REDUCTION PURSUANT TO 18 U.S.C. § 3582(c)(2) with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Jonathan Marshall Abramson Kissinger & Fellman, P.C. 3773 Cherry Creek North Drive #900 Ptarmigan Place Denver, CO 80209 [email protected] Mitchell Baker Mitch Baker, Attorney at Law 1543 Champa Street #400 Denver, CO 80202 [email protected] Richard James Banta Richard J. Banta, PC 1361 Elizabeth Street Denver, CO 80206 [email protected] Clifford J. Barnard Clifford J. Barnard, Attorney at Law 1790 30th Street #280 Boulder, CO 80301-1033 [email protected] Robert Seldis Berger Robert S. Berger, Attorney at Law 7476 East 29th Avenue #108 Denver, CO 80238-2702 [email protected]
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Kirkland Leonard Brush Kirk Brush, Attorney at Law 215 West Oak Street #500 Ft. Collins, CO 80521 [email protected] James S. Covino James S. Covino, P.C. 6426 South Quebec Street Englewood, CO 08111 [email protected] J. Michael Dowling J. Michael Dowling, Attorney at Law 3570 East 12th Avenue #200 Denver, CO 80206 [email protected] Ronald Gainor Ronald Gainor, Attorney at Law 6414 Fairways Drive Longmont, CO 80503 [email protected] Kerry Steven Hada Kerry S. Hada, P.C., Law Offices of 6426 South Quebec Street Englewood, CO 80111 303-771-3030 741-5619 (fax) [email protected]

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Dennis W. Hartley Dennis W. Hartley, P.C. 1749 South Eighth Street #5 Colorado Springs, CO 80906 [email protected] M. David Lindsey David Lindsey, Atty at Law 217 East 7th Avenue Denver, CO 80202 [email protected] Linda A. McMahan U.S. Attorney's Office-Denver 1225 17th Street East Seventeenth Street Plaza #700 Denver, CO 80202 [email protected] Vincent James Oliver Vincent James Oliver, Law Offices of 205 South Broadway #606 Los Angeles, CA 90012 [email protected] Lynn Anne Pierce Butler, Landrum & Pierce P.C. 720 Kipling Street #201 Lakewood, CO 80215 [email protected]

Edward A. Pluss Office of the Federal Public Defender 633 Seventeenth Street #1000 Denver, CO 80202 [email protected] Michael Gary Root Michael G. Root, Attorney at Law 217 East Seventh Avenue Denver, CO 80203 [email protected] Mark Samuel Rubinstein Mark S. Rubenstein, P.C. PMB 192 191 University Boulevard Denver, CO 80206-4613 [email protected] John Henry Schlie John Henry Schlie, P.C., Law Office of 6059 South Quebec Street #200 Centennial, CO 80111 [email protected] Daniel T. Smith Daniel T. Smith, Attorney at Law 1900 Grant Street #580 Denver, CO 80203 [email protected] Boston Henry Stanton, Jr. Boston H. Stanton, Jr, Attorney at Law P.O. Box 200507 Denver, CO 80220 [email protected]

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John F. Sullivan, III John F. Sullivan, III, P.C., Law Office of 155 South Madison Street #209 Denver, CO 80209 [email protected] Alaurice Marie Tafoya-Modi Alaurice Tafoya-Modi, The Law Office of 1775 Sherman Street #1500 Denver, CO 80203 [email protected]

Guy Till U.S. Attorney's Office-Denver 1225 17th Street East Seventeenth Street Plaza #700 Denver, CO 80202 [email protected] Thomas Richard Ward Thomas R. Ward, Attorney at Law 1544 Race Street Denver, CO 80206 [email protected]

On April28, 2008, the foregoing was also placed in the U.S. Mail, first class, postage prepaid, addressed to: Tommy Jones #30458-013 USP Leavenworth U.S. Penitentiary P.O. Box 1000 Leavenworth, KS 66048 s/ Candy J. Jones Candy J. Jones Paralegal Peters Law Firm, L.L.C. 3773 Cherry Creek Dr., N., Ste. 1005E Denver, CO 80209 303-393-1704 [email protected]

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