Court filing
Supplemental Sentencing Memorandum as to Harrescia Hopkins filed by Harrescia Hopkins — USA v. Hopkins (Dkt. 24)
Record facts
| Court | U.S. District Court for the Northern District of Georgia |
|---|---|
| Filed | 2023-04-11 |
U.S. District Court for the Northern District of Georgia · No. 1:22-cr-00284-SEG-CMS · Doc. 24 · 2023-04-11 · Docket on CourtListener
Summary
A defendant's Supplemental Sentencing Memorandum filed April 11, 2023 as Document 24 in United States v. Harrescia Hopkins, Case No. 1:22-cr-00284-SEG-CMS-1, in the United States District Court for the Northern District of Georgia, Atlanta Division. It asks the court, on the sentencing factors of 18 U.S.C. § 3553(a), to impose a non-custodial sentence. The memorandum attaches as Exhibit A an additional character letter submitted on the defendant's behalf. It points to the United States Sentencing Commission's preliminary Amendments to the Sentencing Guidelines released April 5, 2023, attached as Exhibit B, including a proposed §4C1.1 adjustment giving a two-level reduction to zero-point offenders, which it says will likely take effect later in 2023. It states that the reduction would place the defendant at level 9 with a guideline range of 4-10 months. The filing is five pages.
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Full text
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) vs. ) CASE NO.: 1:22-cr-00284-SEG-CMS-1 ) HARRESCIA HOPKINS, ) ) Defendant. ) ) DEFENDANT’S SUPPLEMENTAL SENTENCING MEMORANDUM COMES NOW, Defendant HARRESCIA HOPKINS, by and through her undersigned counsel, and respectfully asks this Court to consider the information contained in this Supplemental Memorandum when determining her sentence. Ms. Hopkins submits that upon a review of the sentencing factors contained in 18 U.S.C. § 3553(a), this Court should sentence her to a non-custodial sentence. In support of this sentence, Ms. Hopkins shows as follows: Ms. Hopkins attaches hereto as Exhibit A an additional character letter submitted on her behalf. Ms. Hopkins also wishes to highlight that the United States Sentencing Commission recently released its preliminary Amendments to the Sentencing Guidelines. See “Amendments to the Sentencing Guidelines (Preliminary), released April 5, 2023, https://www.ussc.gov/guidelines/amendments/adopted-amendments-effective-november-1- Case 1:22-cr-00284-SEG-CMS Document 24 Filed 04/11/23 Page 1 of 5 -2- 2023. These amendments will likely become effective on November 1st of this year. Notably, one proposed amendment includes a new guideline section which provides for an additional two-level guideline level reduction for “Zero-Point Offenders” who have no criminal history points and meet certain other criteria. A copy of this proposed amendment is attached hereto as Exhibit B. The proposed amendment also contains commentary which instructs that: “If the defendant received an adjustment under §4C1.1 (Adjustment for Certain Zero-Point Offenders) and the defendant’s applicable guideline range is in Zone A or B of the Sentencing Table, a sentence other than a sentence of imprisonment, in accordance with subsection (b) or (c)(3), is generally appropriate.” See Exhibit B, p. 5. Given that Ms. Hopkins has no criminal history points and otherwise qualifies for this reduction, she respectfully requests that this Court consider this amendment when determining a reasonable sentence in her case. Were she to be sentenced a mere seven months from today, this proposed amendment would likely be in effect and apply to her case. An additional two-level reduction would place Ms. Hopkins at a level 9 with a guideline range of 4-10 months and, considering this new guideline commentary, a non-custodial sentence is therefore appropriate for Ms. Hopkins. WHEREFORE, for the foregoing reasons, as well as additional arguments that Ms. Hopkins will make at her sentencing hearing, Ms. Hopkins respectfully requests a non- custodial sentence in her case. This, the 11th day of April, 2023. Case 1:22-cr-00284-SEG-CMS Document 24 Filed 04/11/23 Page 2 of 5 -3- Respectfully submitted, s/ Benjamin Black Alper BENJAMIN BLACK ALPER Georgia Bar No. 940406 Attorney for Harrescia Hopkins ALPER LEGAL, P.C. 1205 Johnson Ferry Road Suite 136, #359 Marietta, Georgia 30068 404.736.3939 ben@alperlegal.com Case 1:22-cr-00284-SEG-CMS Document 24 Filed 04/11/23 Page 3 of 5 -4- CERTIFICATE OF COMPLIANCE This is to certify that to the best of my knowledge this document has been prepared with one of the font and point selections approved by the Court in LR 5.1B, pursuant to LR 7. Specifically, the above-mentioned document has been prepared using Times New Roman font, 14 point. This, the 11th day of April, 2023. Respectfully submitted, s/ Benjamin Black Alper BENJAMIN BLACK ALPER Georgia Bar No. 940406 Attorney for Harrescia Hopkins ALPER LEGAL, P.C. 1205 Johnson Ferry Road Suite 136, #359 Marietta, Georgia 30068 404.736.3939 ben@alperlegal.com Case 1:22-cr-00284-SEG-CMS Document 24 Filed 04/11/23 Page 4 of 5 -5- IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) vs. ) CASE NO.: 1:22-cr-00284-SEG-CMS-1 ) HARRESCIA HOPKINS, ) ) Defendant. ) ) CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the above date, I electronically filed this document with the Clerk of Court using the CM/ECF system which will automatically send email notification of such filing to all attorneys of record. Respectfully submitted, s/ Benjamin Black Alper BENJAMIN BLACK ALPER Georgia Bar No. 940406 Attorney for Harrescia Hopkins ALPER LEGAL, P.C. 1205 Johnson Ferry Road Suite 136, #359 Marietta, Georgia 30068 404.736.3939 ben@alperlegal.com Case 1:22-cr-00284-SEG-CMS Document 24 Filed 04/11/23 Page 5 of 5
File and source
- File
- gov.uscourts.gand.306194.24.0.pdf
- Size
- 176,466 bytes
- SHA-256
- 4d8a5315f1d6c49990a2992eda58df963d367caf2698b66855737c8ad2682093
- Original
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