Motion to Reduce Sentence (§ 3582(c)(2)) — U.S. v. Blotnick

Record facts

U.S. District Court, District of New Jersey · No. 2:21-cr-00796-BRM · Doc. 28 · 2023-11-26 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
FOR THE 
DISTRICT OF N'lw J~rse) 
UNITED STATES OF AMERICA, 
v. 
Case No. 
1.,' JJ-- CR..- 00196- BRM-l 
Defendant, 
I 
---------------
MOTION TO MODIFY TERM OF IMPRISONMENT 
PURSUANT TO 
18 U.S.C a 3582(c)(2) 
COMES NOW the Def end ant, 6re.9orj J, 6)i,t"11,t,J(, who is PRO SE, and 
moves thjs Honorable Court to modify his term of imprisonment pur-
suant to 18 U.S.C. S 3582«c)(2), and as grounds, states the following: 
1. 
Defendant is currently serving a sentence of incarceration 
following a conviction for a violation of 
u.s.c. s IS: 13 4-L/-
2. 
On Tvf\(!, T .);Ol,:l,, Defendant was sentenced to a term of 5' / 
/ 
months for his offense. He is currently incarcerated at the Federal 
Correctional Institution -
Low, in Coleman, Florida. 
3. 
In April of 2023, the Sentencing Commission published proposed 
amendments to the U.S. Sentencing Guidelines, which included a two (2) 
level decrease for "Zero Point Offenders" who have no criminal 
history points. 
4. 
In August, the newly created U.S.S.G. S 4C1.1 was enacted and 
made retroactive, with an effective date of November 1, 2023. 
5. 
18 U.S.C. S 3582(c)(2) provides that this Court may modify a~ 
term of imprisonment "in the case of a defendant who has been sen-
-
1 -
Case 2:21-cr-00796-BRM   Document 28   Filed 12/04/23   Page 1 of 4 PageID: 174

tenced to a term of imprisonment based on a sentencing range that 
has subsequently been lowered by the Sentencing Commission pursuant 
to 28 U.S.C. 994(0) ... upon motion of the defendant ... [and] after 
consideration of the factors set forth in [18 U.S.C.] S3553(a).H 
6. 
The instant offense is Defendant's only conviction in an 
otherwise law abiding life. At the time of Defendant's sentencing 
he haa zero (0) criminal history points. 
7. 
Defendant's offense did not involve any of th~~specific 
aggravating factors set forth in the guidelines that would disqual-
ify an individual from receiving a two-level decrease as a "zero 
point offender" if he were sentenced today. 
At the time of Defendant's sentencing he was a level 
resulting 
in a guidelines range of 
to 
months. 
9. 
If Defendant were to be sentenced today, he would be a level 
to 
months. 
resulting in a guidelines range of 
Defendant was sentenced to the 
of the guidelines. 
Accordingly, an equivalent sentence would be a term of 
if he would be sentenced under the amended guidelines. 
months 
11. 
In iddition to the amended guidelines, Defendant brings to 
which can be considered under 18 U.S.C. § 3553(a) and further sup-
art his grounds for a reduction, 
5<'-e,, 
[)(h:bif- A {"f-f.,c/4d) 
- 2 -
Case 2:21-cr-00796-BRM   Document 28   Filed 12/04/23   Page 2 of 4 PageID: 175

TRULINCS 45849509 - BLOTNICK, GREGORY J - Unit: COL-C-8 
FROM: 45849509 
TO: 
SUBJECT: EXHIBIT A 
DATE: 11/26/2023 06:24:36 PM 
EXHIBIT A 
Judge Martinetti, 
My name is Gregory Blatnick, and I was sentenced in your courtroom on June 7th, 2022 for PPP loan fraud. I'm currently at FCI 
Coleman Low serving out the 51-month sentence that was imposed. 
I walked out of sentencing that day genuinely believing that justice was served. You weighed all the factors in my case with a 
fair and even hand, and I was especially impressed with how thoroughly you read my letters of recommendation (I was the one 
who had a friend that talked about how bad I was at high school football). 
Today, I have attached this exhibit to add personal detail to the Motion for a Modified Sentence. It focuses on what has changed 
since June 7th, 2022, including post-sentencing rehabilitation efforts that would further support grounds for a reduction. First, an 
overview of my conduct during incarceration: 
1. DISCIPLINARY & PROGRAMMING: I have had zero disciplinary issues of any kind and been programming to the fullest 
extent possible, most notably a 500-hour residential drug abuse program that I am currently enrolled in. 
2. EDUCATION: I have been heavily involved with FCI Coleman Lew's Education department since my arrival, teaching classes 
on Small Business Management and Personal Finance. One is part of the FSA program (First Step Act), the other is part of the 
ACE program (Adult Continuing Education). Both classes have directly reduced the risk of recidivism amongst the hundreds of 
inmates I've taught, not just because of the credits they earn from taking the class, but because each class graduates with the 
tools and knowledge necessary to start and manage their own fully legal business, rather than returning to a life of criminal 
behavior. I have earned several Certificates of Excellence as a teacher and facilitator for both programs which I can mail upon 
request. 
3. EMPLOYMENT: I have remained employed as a bathroom orderly, scrubbing the toilets and urinals three times per day for a 
salary of $25 per month. All of these funds are being used to pay off my restitution owed to the government. 
4. LETTERS OF SUPPORT: There are several staff members here at FCI Coleman Low who are willing to attest that my 
behavior has been exceptional during my period of incarceration, and I can have them directly mail letters of recommendation 
upon request. 
I firmly believe your sentence of 51 months was fair given the facts at the time. However, I also believe a modification is nowy 
warranted given that the facts have changed since sentencing. Taking into account the two-point reduction for Zero Point 
Offenders, along with a reduction for exceptional post-sentencing rehabilitation efforts, I believe a fair modification for the 
sentence would be to 37 months. 
Justice was served at sentencing. The 51-month punishment for my crime was widely disseminated thanks to the popularity of 
my case in the media, and it served its purpose as a deterrant to the general public, a warning that anyone who defrauds the 
American taxpayer will be dealt with swiftly and severely. But justice must also be served on the back end. It is only fair that 
when the law changes in favor of a defendant who has demonstrated exemplary post-sentencing behavior that his punishment 
reflect that change accordingly. 
Some of your final words to me at sentencing, Judge Martinetti, were that you were certain you would never see me in your 
courtroom ever again. You were correct when you said it. I continue doing my best to prove you correct, and I try and go above 
and beyond by teaching the inmates around me how to make an honest living so that you will never again see any of them in 
your courtroom as well. 
I hope you will seriously consider my request for a modification of sentence, and if there is any documentation in support of this 
request that I can mail between now and February 1st, 2024, please let me know. Thank you for your service to our country. 
Case 2:21-cr-00796-BRM   Document 28   Filed 12/04/23   Page 3 of 4 PageID: 176

Gregory Blatnick #45849509 
Federal Correctional Complex - Low 
PO Box 1031 
Coleman, FL 33521 
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Case 2:21-cr-00796-BRM   Document 28   Filed 12/04/23   Page 4 of 4 PageID: 177

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