Motion for Downward Variance (Zero-Point Offender) — United States v. Arashio Harris (S.D. Fla.)

Summary

Defendant's motion for downward variance for zero-point offender in United States v. Arashio Harris, Case 1:23-cr-20295-CMA, in the U.S. District Court for the Southern District of Florida, filed October 23, 2023 as Document 21. The motion requests a downward variance of two levels from the jointly recommended final offense level, based on the proposed Guideline amendment "Part C – Adjustment for Certain Zero-Point Offenders". It states that if the court grants the variance, the jointly recommended final offense level of 16 and advisory Guideline range of 21 to 27 months will be reduced to an advisory Guideline range of 15 to 21 months. It states that AUSA Edward Stamm has indicated that the Government does not oppose the request. The motion is signed /S/ Mark Eiglarsh.

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LAW OFFICES OF MARK EIGLARSH 
UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
 
DOCKET NO. 23-20295-Cr-ALTONAGA/DAMIAN 
 
 
UNITED STATES OF AMERICA 
) 
 
 
 
 
 
 
) 
 
vs. 
 
 
 
 
) 
 
 
 
 
 
 
) 
 
 
 
 
 
 
) 
ARASHIO HARRIS 
 
 
) 
 
 
 
 
 
 
) 
     Defendant.  
 
 
) 
 
 
 
 
 
 
)  
 
DEFENDANT’S MOTION FOR DOWNWARD VARIANCE FOR  
ZERO-POINT OFFENDER  
By and through his counsel of record, Arashio Harris (“Arashio”) respectfully 
submits the following Motion for Downward Variance for Zero-Point Offender, 
pursuant to U.S.C.G §4C1.1.  
1. The Defendant requests a downward variance of two levels from the jointly 
recommended final offense level based solely on the proposed Guideline 
amendment “Part C – Adjustment for Certain Zero-Point Offenders” 
(U.S.C.G. §4C1.1) 
2. The Defendant qualifies for such an adjustment and meets the criteria set 
forth under the proposed amendment. 
3. If the Court grants the variance, the defendant expressly agrees that he will 
not seek a further sentence reduction under this provision once the proposed 
amendment is enacted. 
Case 1:23-cr-20295-CMA   Document 21   Entered on FLSD Docket 10/23/2023   Page 1 of 2

 
 
LAW OFFICES OF MARK EIGLARSH 
4. If the Court grants the motion for a two-level downward variance, the jointly 
recommended final offense level of 16 and advisory Guideline range of 21 
to 27 months will be reduced to an advisory Guideline range of 15 to 21 
months.  
5. AUSA Edward Stamm has indicated that the Government does not oppose 
Defendant’s request for the requested variance. 
WHEREFORE, based upon the above and foregoing the Defendant 
respectfully requests this Court to grant the instant motion. 
I HEREBY CERTIFY that a true and correct copy of the foregoing was 
electronically filed this 23rd day of October, 2023.  
Respectfully submitted,  
 
 
 
LAW OFFICES OF MARK EIGLARSH  
 
3107 Stirling Road 
Suite 207 
Fort Lauderdale, Florida 33312 
 
 
 
Telephone: (954) 500-0003 
 
 
 
 
Facsimile: (305) 674-0102 
 
 
 
 
Email: Mark@EiglarshLaw.com  
 
 
 
 
 
BY: _/S/_MARK EIGLARSH______________ 
 
 
 
 
 
 
 
MARK EIGLARSH 
 
 
 
 
 
 
 
Florida Bar No.: 956414 
Case 1:23-cr-20295-CMA   Document 21   Entered on FLSD Docket 10/23/2023   Page 2 of 2

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