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

Record facts

United States District Court, Eastern District of Missouri, Eastern Division · No. 4:22-cr-00297-SRC · Doc. 172 · 2024-02-01 · Docket on CourtListener

Summary

An amended motion for sentence reduction under 18 U.S.C. § 3582(c) and retroactive Amendment 821, filed February 1, 2024 by defendant Lewis Reed through appointed attorney Nicole M. Johnston in United States v. Lewis Reed, No. 4:22-cr-00297-SRC, in the United States District Court, Eastern District of Missouri, Eastern Division, as Doc. 172. It seeks to reduce the 45-month sentence imposed on December 6, 2022 to 30 months or another sentence within a new range. The motion states that the court found a total offense level of 21 and a range of 37 to 46 months, and that the zero-point offender adjustment in § 4C1.1 lowers the total offense level to 19 and the range to 30 to 37 months. It notes the Probation office's January 16, 2024 agreement with that calculation and describes the defendant's conduct while incarcerated. The motion is seven pages.

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IN THE UNITED STATES DISTRICT COURT 
FOR THE EASTERN DISTRICT OF MISSOURI 
EASTERN DIVISION 
 
 
 
 
 
 
 
 
 
 
 
 
 
AMENDED 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 the 
Defendant’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 
UNITED STATES OF AMERICA 
 
 
Plaintiff, 
 
v. 
 
LEWIS REED, 
 
 
Defendant. 
 
 
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)   4:22-CR-00297-2 SRC  
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History Category was I, producing a suggested Guidelines imprisonment range of 37 to 46 
months.  The Defendant is currently serving the 45 month sentence and the Bureau of 
Prisons projects his release date as November 7, 2025.   
3. The Defendant 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.   The Defendant 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 the Defendant’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. The Defendant respectfully requests the Court reduce the sentence originally 
imposed pursuant to Amendment 821.  The Defendant requests that the Court impose an 
 
 
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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amended sentence 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, the Defendant has 
accepted responsibility for his actions and has already made a positive impact since 
arriving at Forrest City Correctional FCC. The Defendant has volunteered in multiple 
departments, enrolled in educational classes, and participated in many self-improvement 
activities. These activities include learning to weld and math tutoring to help fellow 
inmates pass their G.E.D. test. Additionally, he reorganized and maintained the filing 
system for historical work order and maintenance request for Forrest City Correctional 
FCC. Moreover, the Defendant has taken 13 educational courses to improve his mental, 
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physical health and well-being. Some of the Courses included mental enrichment, truth 
about drugs and family & parenting 1&2. He has applied for and began studies at the 
Exodus Ministry Bible School. The Defendant was selected as senior town driver, a job 
held only by the most trusted inmate in the federal system. He drives released inmates to 
halfway houses, bus stations, and airports in Arkansas and out of state to Memphis, 
Tennessee. When in route, the Defendant discusses life skills with the other inmate, such 
as job training programs, steps to apply for health insurance, available drug and 
counseling services, and resources for starting small businesses. The Defendant often 
reminds the other inmate that although they have been incarcerated, what will determine 
their future is not the felony charge but what they do moving forward. The Defendant 
reported no history of substance abuse and, therefore, did not qualify for any RDAP 
program credit. The Defendant has remained a model inmate while in BOP and has 
incurred no known conduct violations.  
10. The Court is aware of the Defendant’s challenging childhood. (PSR ¶96). The 
Defendant reported both parents suffered from alcohol addiction. His parents suffered 
financially trying to raise nine children. When the Defendant was in his early teens, he 
became homeless. Despite being homeless, he found a job as a custodian at the local mall, 
working the midnight to 6:00 a.m. shift. He then attended high school classes and 
eventually graduated. He excelled in the Joliet High School Wrestling team, which earned 
him a scholarship to Southern University of Illinois at Edwardsville. The Defendant went 
from being homeless at 15, working his way through high school on to college. Ultimately, 
being elected the first African American President of the Board of Aldermen.  
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11. Generally, when arguing childhood issues that should be considered by a court, 
counsel looks to the probation office to see if they raised the issue in the P.S.R. As this 
Court is aware, under 18 U.S.C. §3553(a), the probation office suggested the Court 
consider whether the circumstances of the offense, the characteristics of the Defendant, 
and the Defendant’s upbringing would warrant a sentence below the guideline range. 
(P.S.R. ¶ 143.).  
12.  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 
 
 
 
 
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CERTIFICATE OF SERVICE 
 
 
I hereby certify that on February 1, 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. 
 
 
 
 
Case: 4:22-cr-00297-SRC   Doc. #:  172   Filed: 02/01/24   Page: 7 of 7 PageID #: 1209

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