Order — United States v. Cross (Dkt. 274, D. Neb.)

Summary

An order by Chief United States District Judge Robert F. Rossiter, Jr. in United States v. Tamika R. Cross, 8:21CR253, in the U.S. District Court for the District of Nebraska, filed April 15, 2025 as Doc # 274. It recites that on June 15, 2023 Cross pleaded guilty under a written plea agreement (Filing No. 199) to one count of conspiring to commit wire fraud under 18 U.S.C. §§ 1343 and 1349. The court appoints the Federal Public Defender for the District of Nebraska to represent her for the limited purpose of determining whether there are extraordinary and compelling reasons to reduce her term of imprisonment.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Record facts

Full text

8:21-cr-00253-RFR-SMB        Doc # 274     Filed: 04/15/25   Page 1 of 3 - Page ID # 1032




                     IN THE UNITED STATES DISTRICT COURT
                         FOR THE DISTRICT OF NEBRASKA

 UNITED STATES OF AMERICA,

                      Plaintiff,                                 8:21CR253

        v.
                                                                  ORDER
 TAMIKA R. CROSS,

                      Defendant.


       On June 15, 2023, defendant Tamika Cross (“Cross”) pleaded guilty pursuant to a
written plea agreement (Filing No. 199) to one count of conspiring to commit wire fraud,
in violation of 18 U.S.C. §§ 1343 and 1349. The Court sentenced Cross on October 6,
2023, to a 42-month term of imprisonment to be followed by three years of supervised
release (Filing No. 260). A significant amount in restitution was also ordered. Cross is
currently serving her sentence at the Federal Prison Camp in Alderson, West Virginia
(“FPC Alderson”).

       Now before the Court is Cross’s pro se Motion for Sentence Reduction Under 18
U.S.C. § 3582(c)(1)(A) (Filing No. 273). That statute allows the Court to reduce a
defendant’s sentence under limited circumstances, including where they have exhausted
their ability to seek relief from the Bureau of Prisons (“BOP”) and demonstrated that
“extraordinary and compelling reasons warrant such a reduction.”                18 U.S.C.
§ 3582(c)(1)(A)(i). According to Cross, she requested sentencing relief from the warden
of FPC Alderson on February 6, 2025, but never heard back. See id. § 3582(c)(1)(A)
(permitting defendants to move for a sentence reduction after the lapse of 30 days from the
date they requested such relief from the warden of their facility). She reports that serious
family circumstances warrant her release and requests the Court appoint her counsel to
assist her in these proceedings.

8:21-cr-00253-RFR-SMB        Doc # 274     Filed: 04/15/25    Page 2 of 3 - Page ID # 1033




       The Court finds that Cross’s reported circumstances present potentially colorable
grounds for relief under § 3582(c)(1)(A)(i) and that appointing counsel to assist Cross will
help determine whether those circumstances warrant any reduction to her sentence.
Accordingly,

       IT IS ORDERED:
       1.      The Federal Public Defender for the District of Nebraska is appointed to
               represent defendant Tamika Cross for the limited purpose of determining
               whether there are extraordinary and compelling reasons to reduce her term
               of imprisonment.
       2.      In the event the Federal Public Defender should decline this appointment
               because of a conflict of interest or on the basis of the Amended Criminal
               Justice Act Plan, the Federal Public Defender shall provide the Court with a
               draft appointment order (CJA Form 20) bearing the name and other
               identifying information of the CJA Panel attorney identified in accordance
               with the Amended Criminal Justice Act Plan for this district.
       3.      If upon review the Federal Public Defender should conclude that Cross’s
               motion is frivolous, the Federal Public Defender may move to withdraw as
               counsel.
       4.      The U.S. Probation and Pretrial Services Office is directed to investigate
               Cross’s request for a sentence reduction and promptly file under seal a report
               on that investigation.
       5.      The probation office is authorized to disclose Presentence Investigation
               Reports to the Federal Public Defender and the United States Attorney for
               the purpose of evaluating the motion. Cross’s counsel shall provide the
               Presentence Investigation Report to any subsequently appointed or retained
               counsel. In accordance with the policy of the Federal Bureau of Prisons, no
               Presentence Investigation Report shall be provided to inmates.
       6.      The government and Cross’s counsel shall each file within ten days of the
               probation office filing its investigation report a brief addressing Cross’s
               request for sentencing relief and provide any evidence necessary to the
               Court’s disposition of her motion. Absent an extension, the motion shall be
               deemed fully briefed and submitted as of that date.




                                              2

8:21-cr-00253-RFR-SMB      Doc # 274       Filed: 04/15/25   Page 3 of 3 - Page ID # 1034




      Dated this 15th day of April 2025.

                                                 BY THE COURT:



                                                 Robert F. Rossiter, Jr.
                                                 Chief United States District Judge




                                             3

File and source

File

gov.uscourts.ned.93146.274.0.pdf

Size

132,760 bytes

SHA-256

2c492885f924045abbe0849f33a1e0a5116b4eaa32b23108a3273b825e72cf7f

Our copy

gov.uscourts.ned.93146.274.0.pdf

Original

archive.org