Information — United States v. David T. Hines (Dkt. 71, S.D. Fla. No. 1:21-cr-20011)

Record facts

U.S. District Court for the Southern District of Florida · No. 1:21-cr-20011-DPG · Doc. 71 · 2023-11-29 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
 
CASE NO.: 21-CR-20011-MGC 
 
UNITED STATES OF AMERICA, 
 
Plaintiff, 
 
vs. 
 
DAVID TYLER HINES 
 
Defendant. 
_________________________________/ 
 
UNOPPOSED MOTION TO REDUCE SENTENCE PURSUANT TO  
18 U.S.C. §3582(c)(2), AND §4A1.1 & §1B1.10 OF THE  
UNITED STATES SENTENCING GUIDELINES 
 
David Tyler Hines, the Defendant, by and through his undersigned counsel, 
files this Motion to Reduce Sentence pursuant to 18 U.S.C. § 3582(c)(2), §4A1.1 
and §1B1.10, U.S. Sentencing Guidelines. The Defendant puts forth the following 
in support of this motion: 
I. 
Introduction 
 
On January 8, 2021, the Government charged Mr. Hines, by Information, 
with one count of wire fraud in violation of 18 U.S.C. §1343.  On February 10, 
2021, Mr. Hines accepted responsibility and pled guilty to the Information. 
 
The United States Probation Office prepared a presentence investigation 
report (“PSI”) that concluded Mr. Hines total offense level was 26 with a criminal 
history category III based on five criminal history points.  Two criminal history 
points were added pursuant to § 4A1.1(d) because Mr. Hines was under a criminal 
justice sentence at the time of the commission of the offense.  Accordingly, his 
guideline imprisonment range was 78 to 97 months. 
Case 1:21-cr-20011-DPG   Document 71   Entered on FLSD Docket 11/29/2023   Page 1 of 4

 
On May 12, 2021, the Court sentenced Mr. Hines to 78 months, the lowest 
permissible sentence under the advisory guideline range. 
II. 
Amendment 821 / §4A1.1 / §1B1.10 
Mr. Hines qualifies for resentencing as the sentencing guidelines have been 
revised to eliminate criminal history status points, and the retroactive application 
of these changes is permitted.  On April 27, 2023, the Sentencing Commission 
voted to promulgate Amendment 821 to the Sentencing Guidelines. In part, this 
amendment alters the application of the Guidelines with respect to certain 
offenders who (a) earned criminal history “status points” based on commission of 
an offense while serving a criminal justice sentence, or (b) presented zero-criminal 
history points at the time of sentencing. Amendment 821 became effective on 
November 1, 2023. 
 
Specifically, and as applicable to Mr. Hines, the amendment reads in 
pertinent part, “Section 4A1.1 is amended—by striking subsection (d) as follows: 
“(d) Add 2 points if the defendant committed the instant offense while under any 
criminal justice sentence, including probation, parole, supervised release, 
imprisonment, work release, or escape status.”  Essentially, the amendment 
eliminates status points for inmates such as Mr. Hines who committed the offense 
while under a criminal justice sentence. 
On August 24, 2023, the Commission voted to give retroactive effect to 
amendments. Although inmates can file motions beginning on November 1, 2023, 
the effective date of an order reducing a sentence should not commence until 
February 1, 2024.  Specifically, §1B1.10 states, “the court shall not order a 
reduced term of imprisonment based on Part A or Part B, Subpart 1 of Amendment 
Case 1:21-cr-20011-DPG   Document 71   Entered on FLSD Docket 11/29/2023   Page 2 of 4

821 unless the effective date of the court’s order is February 1, 2024, or later.”  
Accordingly, if the Court grants Mr. Hines’ Motion his total offense level would 
remain at 26, but his criminal history Category III would be reduced to Category II 
with a corresponding advisory guideline range of 70-87 months. 
III. 
Mitigating Factors 
 
Mr. Hines’ post incarceration behavior demonstrates that a sentence 
reduction is appropriate and consistent with the amendments. 18 U.S.C. § 
3582(c)(2) permits the Court to reduce the sentence of a defendant whose 
sentencing range has been lowered by the Sentencing Commission “after 
considering the factors set forth in section 3553(a) to the extent that they are 
applicable.”  While in prison, Mr. Hines has availed himself of several evidence-
based recidivism reduction programs including, anger management, drug 
education, non-residential drug abuse program, Walk with Ease, Brain Health and 
GED preparation classes.  Additionally, Mr. Hines obtained his GED and 
completed the following ACE (Adult Continued Education) courses, physical 
science, life science, reading comprehension, manifest destiny, soft skills, personal 
finance and social studies.  Furthermore, Mr. Hines has completed the BOP’s 
"productive activities" courses in tournament management, beginner painting, 
beginner leather and basketball officiating.  Mr. Hines also served as a “suicide 
companion” where he was tasked with observing inmates who were in suicide 
watch cells.  
Notably, Mr. Hines has maintained a perfect disciplinary record with no 
infractions or write ups.  Moreover, he consistently tested negative in over seven 
Case 1:21-cr-20011-DPG   Document 71   Entered on FLSD Docket 11/29/2023   Page 3 of 4

random urinalysis drug tests during his two and a half years in prison, proudly 
maintaining sobriety, the longest period since he was 14 years old. 
IV. 
Government’s Position 
 
Undersigned counsel conferred with AUSA Michael Berger who indicated 
that the Government has no objection to the motion and the relief sought. 
WHEREFORE, based upon the foregoing, Mr. Hines respectfully requests 
that the Court find that he qualifies for relief under 18 U.S.C. §3582(c)(2), §4A1.1 
and §1B1.10 and amend his sentence to criminal history category II and reduce 
his total sentence to 70 months.  
/S/Erick Cruz 
ERICK CRUZ 
Florida Bar No. 43628 
1108 Ponce De Leon Blvd. 
Coral Gables, FL 33134 
(305) 444-3844 
Cruz@ErickCruzLaw.com 
 
CERTIFICATE OF SERVICE 
I HEREBY CERTIFY that on November 13, 2023, I electronically filed the 
foregoing document with the Clerk of the Court using CM/ECF.  
  
 
 
/S/ Erick Cruz 
ERICK CRUZ 
 
Case 1:21-cr-20011-DPG   Document 71   Entered on FLSD Docket 11/29/2023   Page 4 of 4

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