Court filing
Routine/administrative filing
Record facts
| Court | U.S. District Court for the Southern District of New York |
|---|---|
| Filed | 2024-06-06 |
U.S. District Court for the Southern District of New York · No. 1:21-cr-00729-LAK · Doc. 134 · 2024-06-06 · Docket on CourtListener
Summary
A letter dated June 6, 2024 from Federal Defenders of New York to Judge Lewis A. Kaplan in United States v. Chanette Lewis, No. 1:21-cr-00729-LAK, in the U.S. District Court for the Southern District of New York, filed as Doc. 134. Writing for the defendant, counsel asks the Court to instruct the Probation Department to amend the presentence report to reflect a change to the criminal history score. The letter states that the report scored 5 points and Criminal History Category III, including 2 points for committing the offense while under supervision, which the Guidelines amendment of November 1, 2023 repealed. It says the Court adopted the amended score on January 31, 2024 but the report amended on March 5, 2024 did not include the change. It requests a score of 3 and Criminal History Category II; the two-page letter is signed by defense counsel.
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Full text
Federal Def enders OF NEW YORK, INC. Tamara Giwa Executive Director Hon. Lewis A. Kaplan United States District Judge Southern District of New York United States Courthouse 500 Pearl Street New York, New York 10007 Re: United States v. Chanette Lewis 21 Cr. 729 (LAK) Dear Judge Kaplan, June 6, 2024 Appeals Bureau 52 Duane Street, I 0th Floor New York, NY 10007 Tel: (212) 417-8742 Fax: (212) 571-0392 Barry D. Leiwant Attorney-in-Charge I am writing on behalf of the defendant Chanette Lewis to ask the Court to instruct the Probation Department to amend the presentence report in this case to reflect the change made to Ms. Lewis's criminal history score. Ms. Lewis has been designated to Hazelton FCI, a medium-security facility and we are concerned that this designation may be based on an incorrect criminal history score. The presentence report calculated Ms. Lewis's criminal history score as 5, and her Criminal History Category as III, based one 3-point felony plus 2 points for committing the offense while under supervision, pursuant to the former U.S.S.G. 4Al.l(d). The Sentencing Commission amended the Guidelines on November 1, 2023 and repealed the 2-point increase for being under supervision. This was discussed at the first sentencing adjournment on January 31, 2024 (transcript attached), the parties agreed that the change Case 1:21-cr-00729-LAK Document 134 Filed 06/06/24 Page 1 of 2 Hon. Lewis A. Kaplan United States District Judge Southern District of New York Page2 should be made, and the Court adopted the amended criminal history score "in place of what the presentence report says." The presentence report was amended on March 5, 2024 but the amendments did not include this change. Probation Officer Johnny Kim has advised this office that the criminal history score change was not made because there was no order from the Court ordering that change. I respectfully request that the Court send an order to the Probation Officer that the presentence report be amended to delete the 2 points for being under supervision and accordingly reduce Ms. Lewis's criminal history score to 3 and her Criminal History Category to II. If this change is effected, the Probation Officer will inform the Bureau of Prisons. Respectfully submitted, ,;__/~ Mark Combiner Attorney for Chanette Lewis cc: AUSA Michael Neff Case 1:21-cr-00729-LAK Document 134 Filed 06/06/24 Page 2 of 2
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