Free Response - District Court of Colorado - Colorado

Case 1:01-cr-00214-WYD

Document 3554

Filed 03/10/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 01-cr-00214-WYD UNITED STATES OF AMERICA, Plaintiff, v. 29. TOMMY JONES, Defendant.

GOVERNMENT'S RESPONSE TO ISSUE OF POSSIBLE REDUCTION OF SENTENCE UNDER TITLE 18 U.S.C. SECTION 3582 (DOC 3547)

The United States of America, by District of Colorado United States Attorney Troy A. Eid, through Assistant U.S. Attorney (AUSA) Guy Till (Government), hereby respectfully files this response to the issue of the defendant's possible relief pursuant to Title 18 U.S.C. § 3582, as directed in the Minute Order dated February 11, 2008. (DOC 3541). 1. The Government respectfully asks the Court to take judicial notice of the contents of its own files in relation to this case. Defendant Tommy Jones has requested a reduction of sentence, pursuant to Section 3582(c)(2), based on Amendment 706 to the Sentencing Guidelines, which lowered the base offense levels applicable to cocaine base ("crack") offenses. 2. The defendant was convicted of Aiding and Abetting the Distribution of More than Five Grams of Crack Cocaine, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(B), and (b)(1)(C);and 18 U.S.C. § 2. See Doc. No. 3547-2. The Court, adopting the prior Sentencing Guideline 1

Case 1:01-cr-00214-WYD

Document 3554

Filed 03/10/2008

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applications in the Presentence Investigation Report, sentenced the defendant to 140 months imprisonment. Id. Additionally, the court convicted the defendant of Use of a Communication Facility to Facilitate a Drug Trafficking Felony Offense, in violation of 21 U.S.C. § 843(b) and (d)(1), and sentenced the defendant to 48 months imprisonment. Id. Both sentences are to be served concurrently. Id. 3. The defendant is correct that Amendment 706 reduced the guideline range applicable in his case; therefore, the court may consider whether to reduce his sentence. Specifically, the base offense level in this case is now 24, pursuant to amended Section 2D1.1(c)(8). When combined with other guideline applications made earlier, the adjusted final offense level in this case is now 26. At the defendant's established criminal history category of VI, this would result in a new sentencing range of 120-150 months. This is a reduction from the previously applied range of 140-175 months. 4. Although a defendant may qualify for a reduction in sentence under Section 3582(c)(2) and the applicable policy statements of the Sentencing Commission, a reduction of sentence is not automatic. The court's discretion is set forth in Section 3582(c)(2) itself, which provides that "the court may reduce the term of imprisonment, after considering the factors set forth in [18 U.S.C. § 3553(a)] to the extent they are applicable, if such a reduction is consistent with applicable policy statements issued by the Sentencing Commission." 5. If the Court decides to reduce the defendant's sentence, the extent of the reduction should be limited to no less than the new minimum guideline range, which here is 120 months. The Sentencing Commission directed that, with one exception (where the defendant earlier received a below-guideline sentence, which is not the case here), "the court shall not reduce the 2

Case 1:01-cr-00214-WYD

Document 3554

Filed 03/10/2008

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defendant's term of imprisonment under 18 U.S.C. 3582(c)(2) and this policy statement to a term that is less than the minimum of the amended guideline range." U.S.S.G. § 1B1.10(b)(2)(A). 6. Accordingly, the Government stipulates and agrees with the defendant that the Court may reduce the defendant's sentence to not less than 120 months imprisonment. Respectfully submitted this 10th day of March 2008. TROY A. END UNITED STATES ATTORNEY

BY: s/ Guy Till GUY TILL Assistant United States Attorney United States Attorney's Office District of Colorado 1225 17th Street, Suite 700 Denver, CO 80202 (303) 454-0100 [email protected]

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Case 1:01-cr-00214-WYD

Document 3554

Filed 03/10/2008

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CERTIFICATE OF SERVICE I hereby certify that on this 10th day of March, 2008, I electronically filed the foregoing GOVERNMENT'S RESPONSE TO ISSUE OF POSSIBLE REDUCTION OF SENTENCE UNDER TITLE 18 U.S.C. SECTION 3582 (DOC 3547) with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Stephen C. Peters, Esq. [email protected]

and I hereby certify that I have mailed or served the document or paper to the following nonCM/ECF participants in the manner indicated: None

s/ Debbie Azua-Dillehay DEBBIE AZUA-DILLEHAY Legal Assistant Assistant United States Attorney United States Attorney's Office 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0100 FAX: (303) 454-0409 E-mail: [email protected]

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