Free Reply to Response - District Court of Arizona - Arizona

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BLUMBERG & ASSOCIATES

Bruce E. Blumberg BLUMBERG & ASSOCIATES _____________________ 45 West Jefferson, Suite 210 Phoenix, Arizona 85003 Office: (602) 277-6180 Fax: (602) 271- 4119 Attorney for Defendant Arizona State Bar Number 010779 IN THE UNITED STATES DISTRICT COURT IN AND FOR THE DISTRICT OF ARIZONA

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45 West Jefferson, Suite 210 Phoenix, Arizona 85003

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UNITED STATES OF AMERICA, Plaintiff, vs. MARVIN WILLIAMS, Defendant.

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Criminal Case No: 2:04-CR-00381-JAT-1 DEFENDANT'S REPLY IN SUPPORT OF MOTION FOR MODIFICATION OF TERM OF IMPRISONMENT, PURSUANT TO 18 U.S.C. § 3582(c)(2) AND USSG § 1B1.10 Honorable Judge James A. Teilborg

COMES NOW, defendant, Marvin Williams, by and through undersigned counsel, and respectfully submits his reply in support of his Motion for Modification of Term of Imprisonment, Pursuant to 18 U.S.C. § 3582(c)(2) and USSG § 1B1.10. In response to the Motion, both the government and the probation office have responded that they agree that Mr. Williams may be entitled to a reduction in his sentence. Aside from Mr. Williams' request for a greater reduction than that proposed by the government, the fact remains that time is crucial in this matter. Even with only a two-level reduction (as urged by the government), Mr. Williams could potentially be released to a local half-way house as early as May 2008, as further discussed below. I. EVEN A 2-LEVEL REDUCTION COULD RESULT IN ALMOST IMMEDIATE RELEASE.

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Mr. Williams was originally sentenced to 63 months incarceration,1 and is currently projected for release from custody at FCI LaTuna on May 28, 2010. After the Sentencing Guidelines were reduced for "crack" cocaine offenses, and those changes were made retroactive (see underlying Motion), Mr. Williams filed this Motion for a reduction in his sentence. As noted above, both the government and the probation office have responded to Mr. Williams' motion by agreeing that he is likely entitled to a reduction in his sentence. In its Response to the Motion, the government indicated that it "recommends that, consistent with the statutory scheme and the policy statements of the Sentencing Commission, defendant be sentenced to no less than 51 months."2 Further, in an April 9, 2008 Memorandum to the Court from Senior U.S. Probation Officer Lisa M. Miller, Ms. Miller indicated that "it appears that [Mr. Williams] may qualify for a sentencing reduction as stated in his motion."3 A. Effect of two-level reduction

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A two-level reduction in Mr. Williams' case would essentially result in a 12-month reduction in his sentence.4 With a current projected release date of May 28, 2010,5 this would result in release in May of 2009.6 However, as discussed below, just this month a new law was passed that could allow Mr. Williams to be released to a half-way house as early as next month. B. Effect of "Second Chance Act of 2007"

On April 9, 2008, Public Law 110199 ­ The Second Chance Act of 2007 ­ was signed into law. This new law allows for "pre-release residential" placement to a half-way house up to 12 months prior to the actual release date from confinement.7 In Mr. Williams' case, this could result in his release to a half-way house as early as May 2008! While a person on "pre-release" status at

This was the low-end of an offense level of 22 and a criminal history category of IV. Government's Response to Defendant's Motion to Modify Term of Incarceration Pursuant to 18 U.S.C. § 3582(c)(2) and USSG § 1B1.10, at 12. 3 Miller April 9, 2008 Memorandum, at 1. 4 Based upon an offense level of 20 and criminal history category of IV, yielding an advisory guideline range of 51-63 months. 5 Per the "inmate locator" service at www.bop.gov. 6 Mr. Williams cannot account for final dates, given potential prorating of "good time" credit.

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a half-way house is still considered to be in custody of BOP, they begin reintegration with the local community. Defense counsel's office has contacted the BOP designation center in Grand Prairie, TX,8 as well as the case management team at FCI LaTuna,9 confirming Mr. Williams' potential for "prerelease" to a half-way house up to 12 months early. However, both indicated that, due to the time involved in re-computing and processing these § 3582 cases, they need an amended judgment and commitment as soon as possible to ensure that appropriate pre-release opportunities are afforded. As such, Mr. Williams respectfully asks the Court to resolve this matter on an expedited basis, so that he may receive the full benefit of the recent changes in the law. II. RESPONSE RE: A GREATER REDUCTION. In the underlying Motion, Mr. Williams requested an additional three-level reduction in his offense level, citing various arguments.10 In response, the government responds that Mr. Williams' arguments amount to a collateral attack of the sentence, in violation of the parties' plea agreement.11 Without addressing the legal merit of that argument specifically, he does wish to emphasize to the government and the Court that it is not his intention to breach the plea agreement in any manner. Further, given the procedure and arguments above, Mr. Williams submits that a further reduction may not be necessary, so long as the two-level reduction is granted expeditiously, thus allowing him to be considered by the BOP for essentially immediate "pre-release" to a half-way house. III. CONCLUSION. Based upon the foregoing, Mr. Williams respectfully moves the Court to reduce his previously imposed term of imprisonment, pursuant to 18 U.S.C. § 3582(c)(2) and USSG § 1B1.10. Mr. Williams further requests that this matter be resolved on an expedited basis, given his potential for release to a half-way house as early as May 2008.

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Previously, the maximum time a person could be allowed "pre-release" half-way house placement was six months. 8 Karen Craighead with "Team Oscar." 9 Case manager, Mrs. Ubinger. 10 See underlying Motion, at 6-8. 11 See Government's Response, at 8.

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RESPECTFULLY SUBMITTED this 25th day of April, 2008. BLUMBERG & ASSOCIATES

By: __/s/ Bruce E. Blumberg /s/______ Bruce E. Blumberg, Esq. 45 West Jefferson, Suite 210 Phoenix, Arizona 85003 Attorney for Defendant Williams

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CERTIFICATE OF SERVICE

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The undersigned hereby certifies that a copy of the foregoing Motion was delivered electronically this 25th day of April, 2008 to: Howard D. Sukenic Assistant U.S. Attorney 2 Renaissance Square 40 North Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 ____/s/ Bruce E. Blumberg /s/________ Bruce E. Blumberg

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