Court filing
Pro Se MOTION for Reduction of Sentence under Retroactive U.S.… — USA v. Thomas et al (Dkt. 969)
Record facts
| Court | U.S. District Court for the Northern District of Georgia |
|---|---|
| Filed | 2024-04-15 |
U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00296-JPB-CMS · Doc. 969 · 2024-04-15 · Docket on CourtListener
Summary
A pro se motion to modify sentence under 18 U.S.C. 3582 (C)(2) and Amendment 821 Part B, filed April 15, 2024 by defendant Darrell Thomas in United States of America v. Thomas, Case No. 1:20-cr-00296-JPB-CMS, in the U.S. District Court for the Northern District of Georgia. The motion states that Amendment 821 Part B creates a new 4C1.1 guideline providing a two-level decrease for zero point offenders, and that the Sentencing Commission made the change retroactive effective November 1, 2023. It states the defendant was sentenced on or about May 09, 2022 to 180 months imprisonment with a 5-year term of supervised release after a plea. The motion asks the court to apply the reduction, citing his participation in work, education and vocational programs. The four-page filing, Document 969, includes a certificate of service and a mailing envelope.
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Full text
TRULINCS 73324019 - THOMAS, DARRELL - Unit: COL-B-C FROM: 73324019 TO: SUBJECT: RE: REQUESTING AMENDMENT 821 PART B DATE: 04/03/2024 08:14:18 AM PRO-SE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF GEORGIA NORTHERN DIVISION FILED IN CLERK'S OFFICE U.S.D.C. Atlanta APR 15 2024 8 K7VIN P. WEIMER, Clerk Y-.,,,. . _ t:eputy Clerk UNITED STATES OF AMERICA VS. CASE NO.: 1 :20-CR-296-JPB-CMS THOMAS DARRELL MOTION TO MODIFY SENTENCE PURSUANT 18 U.S.C. 3582 (C)(2) OF AMENDMENT 821 PART B COMES NOW, Thomas Darrell, (hereinafter referred to as petitioner), proceeding in a PRO-SE pursuant to title 18 U.S.C. 3582 (C)(2), MOVES this honorable court to modify or reduce his sentence by applying Amendment 821 , " ... which provides for retroactive application of Amendment 821 subject to a special instruction ... " and will show the following: (1) Amendment 821 part B creates a new 4.C1 .1 guideline that provides a decrease of two offense levels for "zero point offenders" whose offense did not involve specific aggravation factors. (2) Title 18 U.S.C. 3582 provides in relevant part: ... The court may not modify a term of imprisonment once it has been imposed except that - (1) In any case - ... (A) In any case of a defendant who has been sentenced to a term of imprisonment based on a sentence range that has subsequently been lowered by the Sentencing Commission pursuant to 28 U.S.C. 944 (A), ... The court may reduce term of imprisonment, after considering the factors set forth in Section 3553 (A) to the extent they are applicable, if such reduction is consistent with the applicable policy statement issued by the Sentencing Commission. Petitioner was convicted of attempt and conspiracy to commit fraud (CTI) and 2 money laundering - bank fraud (CTl8). Petitioner entered into a plea bargain with government and was sentenced on or about May 09, 2022, and was sentenced to a term of 180 months imprisonment with a 5-year term of supervised release. Petitioner, now files said actions under 18 U .S.C. 3582 (C)(2). Seeking to have his sentenced reduced by virtue of applying Amendment 821 part B which creates a new 4C1 .1 guideline that provides a decease of two (2) offense levels for "zero point offenders" whose offense did not involve specific aggravating factors. On August 24, 2023, the Sentencing Commission further determined that the change in Amendment 821 parts "A" and "B" should be applied retroactively and that the retroactivity of this Amendment should go into effect on November 1, 2023. Case 1:20-cr-00296-JPB-CMS Document 969 Filed 04/15/24 Page 1 of 4 TRULINCS 73324019 - THOMAS, DARRELL - Unit: COL-B-C However, the Sentencing Commission further noted: "The court shall not order a reduced term of imprisonment based on Amendment 821 , unless the effective date of the court's order is February 1, 2024. As such, the U.S. Sentencing Commission Guidelines were amended as set forth in U.S.S.G. 4C1 .1 . RELIEF SOUGHT: Petitioner, submits in reviewing additional support for request of reconsideration under 3582 (C)(2). The petitioner urges this honorable court to consider the fact that he has unequivocally/vividly demonstrated not only through work education and vocational work programs the desire to learn new skills (i.e., special learning needs and drug abuse education) that can be adopted upon release, but he does, factually qualify for the two-point reduction that is consistent with the applicable policy statement issued by the Sentencing Commission. Furthermore, petitioner would like to point out that his family, who has also been so adversely affected by the extremely long and harsh sentence he received, pray this honorable court take into consideration the negative impact of petitioner's incarceration on his family and on himself. CONCLUSION: Thomas Darrell Reg. No.: 73324-019 Case 1:20-cr-00296-JPB-CMS Document 969 Filed 04/15/24 Page 2 of 4 TRULINCS 73324019 - THOMAS, DARRELL - Unit: COL-B-C CERTIFICATE OF SERVICE: ue and correct copy of the foregoing motion was mailed via first class postage to: nited State ce · eorgia, 600 y of April, 2024. Thomas Darrell Reg. No.: 73324-019 Case 1:20-cr-00296-JPB-CMS Document 969 Filed 04/15/24 Page 3 of 4 ,\ ~ UNITED ST/JTES II.iii, POST/JLSERV/CE@ PRIORITY® M·AI L PU.CE STICKER AT TOP OF ENVELOPE TO THE RIGHT ■ Expected delivery date specified for do OF THE ReTURN ADDRESS, FOLD AT.!3~1!,E~ ~!- • • • • • • -~--··cERTiFiifo·MAIL. ■ Domestic shipments Include $100 of In< ■ USPS Tracking~ service included for do ■ Limited international insurance.** I ■ When used internationally, a customs d 9589 0710 5270 1605 2062 52 • 1111 I I II I •insurance does not cover certain items. For details regarding claims exclusions see tne Domestic Mail Manual at http://pe.usps.com. . . . .. See International Mail Manual at http://pe.usps.com for availability and llm1tat1ons of ~overage. FLAT RATE ENVELOP~. ONE RATE ■ ANY WEIGHT II I IIIIII I II lllll llll 1111111111111111 PS00001000014 EP14F July 2022 OD: 121/2x 91/2 USPS.COM/PICKUP '• ;..;·1 ___ -·---. 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