Motion for Sentence Reduction (Amendment 821) — United States v. Lewis Reed

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A motion for sentence reduction under 18 U.S.C. § 3582(c) and retroactive Amendment 821 in United States v. Lewis Reed, No. 4:22-CR-00297-2 SRC, in the U.S. District Court for the Eastern District of Missouri, Eastern Division, filed by appointed counsel Nicole M. Johnston. It states that the defendant pleaded guilty on August 26, 2022 to Counts 2 and 4 and received a 45-month sentence on December 6, 2022, with a total offense level of 21 and a range of 37 to 46 months. The motion argues he qualifies for the two-level zero-point offender decrease under § 4C1.1, producing a total offense level of 19 and a range of 30 to 37 months, and notes the Probation office reached the same result on January 16, 2024. It asks for an amended sentence of 30 months or another sentence below 45 months within the new range. A certificate of service is dated January 30, 2024.

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Full text

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IN THE UNITED STATES DISTRICT COURT 
FOR THE EASTERN DISTRICT OF MISSOURI 
EASTERN DIVISION 
 
 
 
 
 
 
 
 
 
 
 
 
 
MOTION FOR SENTENCE REDUCTION PURSUANT TO  
18 U.S.C. § 3582 AND RETROACTIVE AMENDMENT 821, USSG 
 
COMES NOW Defendant, Lewis Reed, through his appointed attorney, Nicole M. 
Johnston, and moves, pursuant to 18 U.S.C. § 3582(c), Sentencing Guidelines §1B1.10 and 
Amendment 821, for a reduction of the 45-month sentence this Court imposed on 
December 6, 2022.  For the reasons stated below, Defendant asks that the Court reduce 
his sentence to 30 months or to a lower sentence within the new range as stated below.  In 
support of this motion he states: 
1.  On August 26, 2022, Defendant entered pleas of guilty to Theft or Bribery 
Concerning Programs Receiving Federal Funds (Count 2), and Use of Interstate Facilities 
in Aid of Acceding to Corruption and Official Misconduct in a Racketeering Enterprise 
(Count 4). See Presentence Investigation Report at 4. 
2.  At the December 6, 2022 sentencing hearing, this Court found that Reed’s base 
offense level was 14 and the total offense level was 21.  The Court determined that 
Defendant had zero criminal history points and, thus, his Criminal History Category was 
UNITED STATES OF AMERICA 
 
 
Plaintiff, 
 
v. 
 
LEWIS REED, 
 
 
Defendant. 
 
 
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)   4:22-CR-00297-2 SRC  
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I, producing a suggested Guidelines imprisonment range of 37 to 46 months.  Reed is 
currently serving the 45 month sentence and the Bureau of Prisons projects his release 
date as November 7, 2025.   
3. Reed is eligible for a reduction of his sentence by retroactive application of 
Amendment 821 to Chapter Four of the Guidelines (Amendment 8 of the amendments 
submitted to Congress on April 27, 2023) pursuant to 18 U.S.C. § 3582(c) and policy 
statement § 1B1.10.1  Specifically, Subpart 1 of Part B of the amendment creates a new 
Chapter Four guideline at § 4C1.1 (Adjustment for Certain Zero-Point Offenders).  New § 
4C1.1 provides a decrease of two levels from the offense level determined under Chapters 
Two and Three for offenders who did not receive any criminal history points under 
Chapter Four, Part A, and whose instant offense did not involve specified aggravating 
factors.   Reed meets the eligibility criteria identified by the Commission.2  
 
1 Chapter Four of the Guidelines was amended effective November 1, 2023 providing for 
targeted, evidence-based changes to certain criminal history rules.  See USSG Amendment 
821.  The Sentencing Commission has determined that both parts of the criminal history 
amendment are retroactive – regarding “Status Points” (Part A) and “Zero Point 
Offenders” (Part B, Subpart 1) – for purposes of the policy statement USSG § 1B1.10. 
  
2 (1) Defendant did not receive any criminal history points from Chapter Four, Part A; (2) 
the defendant did not receive an adjustment under §3A1.4 (Terrorism); (3) the defendant 
did not use violence or credible threats of violence in connection with the offense; (4) the 
offense did not result in death or serious bodily injury; (5) the instant offense of conviction 
is not a sex offense; (6) the defendant did not personally cause substantial financial 
hardship; (7) the defendant did not possess, receive, purchase, transport, transfer, sell, or 
otherwise dispose of a firearm or other dangerous weapon (or induce another participant 
to do so) in connection with the offense; (8) the instant offense of conviction is not covered 
by §2H1.1 (Offenses Involving Individual Rights); (9) the defendant did not receive an 
adjustment under §3A1.1 (Hate Crime Motivation or Vulnerable Victim) or §3A1.5 
(Serious Human Rights Offense); and (10) the defendant did not receive an adjustment 
under §3B1.1 (Aggravating Role) and was not engaged in a continuing criminal enterprise, 
as defined in 21 U.S.C. § 848.  USSG § 4C1.1(a)(Nov. 1, 2023). 

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4.  In establishing new § 4C1.1, the Commission was informed by its studies of 
recidivism among federal offenders, as well as other extensive data analysis of offenders 
with no criminal history points, and public comment.  This recidivism data shows that 
“offenders with zero criminal history points have considerably lower recidivism rates than 
other offenders, including offenders with one criminal history point.”3  Among other 
findings, it concluded that “zero-point offenders were less likely to be rearrested than “one 
point” offenders.4   The amendment applies to offenders with no prior convictions, 
offenders who have prior convictions that are not counted because they were not within 
the time limits set forth in §4A1.2, and offenders who have prior convictions that are not 
used in computing the criminal history score for reasons other than their “staleness” (e.g., 
minor misdemeanor convictions, or infractions and foreign or tribal court sentences,). 
According to the Commission, “[a]pplying these changes retroactively will increase 
fairness in sentencing.”      
5.  As amended, § 4C1.1 reduces Reed’s total offense level by two levels resulting in 
a total offense level of 19 and a lower Guideline range of 30 to 37 months, based on a 
Criminal History Category of I.      
6. Reed respectfully requests the Court reduce the sentence originally imposed 
pursuant to Amendment 821.  Reed requests that the Court impose an amended sentence 
 
 
3 See Reason for Amendment, 2023 Amendments to the Sentencing Guidelines submitted 
to Congress April 27, 2023, at 107, available at 
https://www.ussc.gov/sites/default/files/pdf/amendment-process/federal-register-
notices/202305_FR.pdf 
 
4 Id.  

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of 30 months imprisonment or a sentence that is less than 45 months and that is within 
the new guideline range.  
7.  Section 3582(c)(2) authorizes the district court to re-calculate Defendant’s 
sentencing range under the amendment and determine an appropriate sentence in 
accordance with the applicable § 3553(a) factors.  The policy statement § 1B1.10 provides 
that courts have discretion in determining whether, and to what extent, to reduce the 
sentence for any person eligible to be considered for retroactive application of an amended 
Guideline. Courts may also consider a defendant’s conduct while incarcerated.  USSG § 
1B1.10, comment. (n.1). 
8.  The sentence of 45 months represented approximately 88.8% of the original 
guideline range (37 months to 46 months). Should this Court determine Defendant should 
receive a reduction and should it seek to maintain a comparable sentence within the new 
range, a commensurate increase with regard to the new guideline range would result in a 
sentence of 36 months imprisonment and an estimated release date of February 7, 2025.  
9. Counsel is aware of the serious nature of this case. However, Reed has accepted 
responsibility for his actions and has already made a positive impact since arriving at FCI 
Forrest City. Reed has been selected as the senior town driver; a job held only by the most 
trusted inmate in the federal system. Reed regularly drives released inmates to halfway 
houses, bus stations, and airports in Arkansas, and out of state to Memphis, Tennessee. 
When in route, Reed discusses life skills with the other inmates, such as job training 
programs, steps to apply for health insurance, available drug and counseling services, and 
resources for starting small businesses. Reed often reminds the other inmates that 

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although they have been incarcerated, what will determine their future is not the felony 
charge but what they do moving forward. Reed has remained a model inmate while in 
BOP and has incurred no known conduct violations.  
10.  On January 16, 2024 the Probation office notified the Court that, as amended, 
Defendant’s total offense level is 19 and sentencing range is 30 to 37 months.  Defendant 
agrees with this analysis.   
WHEREFORE, as Defendant qualifies for a sentence reduction under Amendment 
821, it is respectfully requested that the Court enter an amended Judgment reducing 
Defendant’s sentence to 30 months imprisonment or to a sentence lower than 45 months 
but within the new range of 30-37 months.  
 
 
Respectfully submitted, 
 
 
/s/ Nicole M. Johnston 
 
Nicole M. Johnston, #68749MO 
 
P.O. Box 440143 
 
St. Louis, Missouri 63144 
 
(314) 440-2548 
 
nicolejohnston5@gmail.com 
 
 
ATTORNEY FOR DEFENDANT 
 
 
CERTIFICATE OF SERVICE 
 
 
I hereby certify that on January 30, 2024, I electronically filed the foregoing with the Clerk 
of the Court using the CM/ECF system which will send notification of such filing to the 
Office of the United States Attorney.

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