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

Case 1:05-cr-00004-SLR

Document 57

Filed 02/21/2008

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v. MICHAEL GANDY, Defendant.

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Criminal Action No. 05-04-SLR

DEFENDANT'S MOTION FOR RETROACTIVE COCAINE BASE SENTENCING REDUCTION AND NOW comes the defendant, Michael Gandy, by his attorney Edson A. Bostic, Federal Public Defender, and pursuant to 18 U.S.C. § 3582(c)(2), files this Motion for Retroactive Cocaine Base Sentencing Reduction. In support of this motion, Mr. Gandy avers as follows: 1. By written report dated January 30, 2008, the United States Probation Office

determined that defendant, Michael Gandy, qualifies for the two-level guideline reduction, and would be eligible for a sentence of 36-months imprisonment. 2. By letter dated February 13, 2008, the U.S. Attorney's Office indicated that it did not

oppose application of the two-level reduction, and took no position on whether a further sentencing reduction was appropriate. 3. With the agreement of the client, defense counsel waives an evidentiary hearing,

concurs in the Probation Officer's written report, and requests that the District Court consider a sentence of 36-months imprisonment.

Case 1:05-cr-00004-SLR

Document 57

Filed 02/21/2008

Page 2 of 2

WHEREFORE, it is respectfully requested that Mr. Gandy's Motion for Retroactive Cocaine Base Sentencing Reduction be GRANTED.

Respectfully submitted,

_/s/___________________ Edson A. Bostic Federal Public Defender Attorney for Defendant Gandy Federal Public Defender's Office One Customs House 704 King Street, Suite 110 Wilmington, Delaware 19801 302-573-6010 [email protected]

Date: February 21, 2008