Opinion and Order — United States v. Patrick Jackson (N.D. Ga., Dkt. 53, March 16, 2017)

Summary

This is an Opinion and Order granting the Government's Motion to Reduce Sentence for Substantial Assistance under Fed. R. Crim. P. 35(b)(2) as to Patrick Jackson. It states that on April 2, 2015, he pled guilty to one count of Conspiracy to Commit Honest Services Mail Fraud and, on August 12, 2015, was sentenced to fifty-one (51) months imprisonment with three (3) years of supervised release. It states that he cooperated in the prosecution of Anthony Lepore, John Rife, and Brian Domalik. The court reduces the term by twelve (12) months, resulting in a custodial sentence of thirty-nine (39) months; the Government recommended a 10-month reduction and the defendant asked for 8 additional months.

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     Case 1:14-cr-00339-WSD-GGB Document 53 Filed 03/16/17 Page 1 of 4




               IN THE UNITED STATES DISTRICT COURT
              FOR THE NORTHERN DISTRICT OF GEORGIA
                         ATLANTA DIVISION

 UNITED STATES OF AMERICA,
       v.                                             1:14-cr-00339-WSD
 PATRICK JACKSON,
                     Defendant.


                             OPINION AND ORDER
      This matter is before the Court on the Government’s Motion to Reduce

Sentence for Substantial Assistance under Fed. R. Crim. P. 35(b)(2) [51]

(“Motion” or “Motion to Reduce Sentence”).

I.    BACKGROUND
      On April 2, 2015, Defendant Patrick Jackson (“Defendant”) pled guilty

pursuant to a plea agreement to one count of Conspiracy to Commit Honest

Services Mail Fraud, in violation of 18 U.S.C. § 1349. ([33]). On

August 12, 2015, Defendant was sentenced to fifty-one (51) months imprisonment

with three (3) years of supervised release. ([44]; [45]).

      Defendant’s plea agreement contained a cooperation provision. Consistent

with it, Defendant cooperated with the Government in the investigation and

prosecution of Anthony Lepore, John Rife, and Brian Domalik in criminal action
      Case 1:14-cr-00339-WSD-GGB Document 53 Filed 03/16/17 Page 2 of 4




United States v. Lepore et al., 1:15-cr-00367-WSD, NDGa. The Government

recommends a “10-month reduction in Jackson’s sentence pursuant to Rule

35(b)(2) . . . [which], if granted, would result in a custodial sentence of 41

months.” (Mot. at 2).

      On March 10, 2017, Defendant filed his response to the Government’s

Motion to Reduce Sentence [52] (“Response”). In it, Defendant requests that the

Court “reduce his sentence by an additional 8 months for a total [reduction] of 18

months. . . .” (Resp. at 2). The Government does not oppose the additional

reduction in Defendant’s sentence. (Resp. at 4).

II.   DISCUSSION

      In evaluating the Government’s Motion for Reduction of Sentence under

Rule 35(b) based on Defendant’s substantial assistance, the Court considers

U.S.S.G. § 5K1.1, which provides:

             (a) The appropriate reduction shall be determined by the court for
                 reasons stated that may include, but are not limited to,
                 consideration of the following:

                 (1) the court’s evaluation of the significance and usefulness of the
                     defendant’s assistance, taking into consideration the
                     government’s evaluation of the assistance rendered;

                 (2) the truthfulness, completeness, and reliability of any
                     information or testimony provided by the defendant;

                 (3) the nature and extent of the defendant’s assistance;

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       Case 1:14-cr-00339-WSD-GGB Document 53 Filed 03/16/17 Page 3 of 4




                 (4) any injury suffered, or any danger or risk of injury to the
                     defendant or his family resulting from his assistance; and

                 (5) the timeliness of the defendant’s assistance.

U.S.S.G. § 5K1.1; see also United States v. Livsay, 525 F.3d 1081, 1091-1092

(11th Cir. 2008); United States v. Luiz, 102 F.3d 466, 469 (11th Cir. 1996).

       Applying these criteria and considering the representations made by the

Government in its Motion, and Defendant in his Response, the Court concludes

that a sentence reduction is appropriate. The Government’s Motion for Sentence

Reduction is granted and the Court concludes that Defendant’s sentence shall be

reduced by twelve (12) months.

III.   CONCLUSION

       For the foregoing reasons,

       IT IS HEREBY ORDERED that the Government’s Motion to Reduce

Sentence for Substantial Assistance under Fed. R. Crim. P. 35(b)(2) [51] is

GRANTED. Defendant Patrick Jackson’s term of incarceration is hereby reduced

by twelve (12) months, resulting in a custodial sentence of thirty-nine (39) months.

All other aspects of Defendant’s sentence remain the same.

       IT IS FURTHER ORDERED that the Clerk of Court serve a copy of this

Order upon Defendant, defense counsel, the Probation Officer, the United States

Attorney, and the United States Marshals Service.


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Case 1:14-cr-00339-WSD-GGB Document 53 Filed 03/16/17 Page 4 of 4




SO ORDERED this 16th day of March, 2017.




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