Memorandum Order on Motion to Reduce Sentence — United States v. Courvisier Glover

Summary

A Memorandum Order, Document 81, filed 02/07/24, Case 5:22-cr-00291-EEF-MLH, United States of America v. Courvisier Glover, Western District of Louisiana, Shreveport Division. It concerns an administrative motion to reduce sentence under 18 U.S.C. § 3582(c)(2) (Record Document 75) based on Amendment 821. The Court states that Glover pled guilty to one count of possession of a firearm by a convicted felon and was sentenced on July 21, 2023 to 32 months. It finds that a reduction to 29 months is warranted, but that it lacks jurisdiction because Glover has appealed to the Fifth Circuit Court of Appeals. The Court enters an "indicative ruling" under Rule 37(a) that it would grant the motion and reduce the sentence to 29 months.

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Case 5:22-cr-00291-EEF-MLH Document 81 Filed 02/07/24 Page 1 of 3 PageID #: 400




                          UNITED STATES DISTRICT COURT
                          WESTERN DISTRICT OF LOUISIANA
                              SHREVEPORT DIVISION

UNITED STATES OF AMERICA                          CRIMINAL NO. 22-291-02

VERSUS                                            JUDGE ELIZABETH E. FOOTE

COURVISIER U GLOVER (02)                          MAGISTRATE JUDGE HORNSBY


                                 MEMORANDUM ORDER

        Before the Court is an administrative motion to reduce sentence, pursuant to 18

 U.S.C. § 3582(c)(2), which has been filed in the above-captioned matter.            Record

 Document 75. The Defendant, Courvisier Glover, has been identified as a defendant to

 whom Amendment 821 to the Sentencing Guidelines may apply retroactively. If this relief

 is applicable, Glover’s criminal history points could be reduced, which would in turn

 produce a lower sentencing range under the Guidelines.

         Glover pled guilty to one count of possession of a firearm by a convicted felon, in

 violation of 18 U.S.C. § 922(g)(1). Glover’s presentence report calculated a total offense

 level of 12 with a criminal history VI. Glover had thirteen criminal history points, but two

 of those were “status points,” as he was on probation at the time of the instant offense.

 The guideline range was 30 to 37 months. On July 21, 2023, this Court sentenced Glover

 to 32 months. This sentence was two months above the bottom of the guideline range.

        Part A to Amendment 821 altered the “status points” provision of the Sentencing

 Guidelines, such that if Glover were sentenced today, he would have eleven criminal

 history points and would receive one status point for a total of twelve points. This would
Case 5:22-cr-00291-EEF-MLH Document 81 Filed 02/07/24 Page 2 of 3 PageID #: 401




 place Glover in criminal history category V. This amendment is retroactive, although any

 relief granted may not include the release of a defendant prior to February 1, 2024.

        In this case, the defense, the Government, and the Probation Office agree that

 Glover is eligible for relief under Amendment 821. They agree that his criminal history

 would now be V, resulting in a guideline range of 27 to 33 months. The Government,

 however, opposes the reduction of the sentence based on the factors set forth in 18 U.S.C.

 § 3553(a). Nonetheless, upon consideration of the § 3553(a) factors, the Court finds that

 a reduction is warranted and would reduce Glover’s sentence to 29 months to achieve a

 sentence two months above the bottom of the amended guideline range.

        However, the issue facing the Court is that it lacks jurisdiction to order this relief

 because Glover has appealed his case to the Fifth Circuit Court of Appeals. His appeal

 remains pending at this time. Pursuant to Federal Rule of Criminal Procedure 37:

        If a timely motion is made for relief that the court lacks authority to grant
        because of an appeal that has been docketed and is pending, the court may:

        (1) defer considering the motion;

        (2) deny the motion; or

        (3) state either that it would grant the motion if the court of appeals remands
        for that purpose or that the motion raises a substantial issue.

 Fed. R. Crim. P. 37(a). Plainly, this Court lacks jurisdiction to reduce Glover’s sentence in

 a manner consistent with Amendment 821.             Accordingly, the Court is entering an

 “indicative ruling” in accordance with Rule 37(a) if the Fifth Circuit remands the case to

 this Court for that purpose, or if jurisdiction is otherwise returned to the district court. If
Case 5:22-cr-00291-EEF-MLH Document 81 Filed 02/07/24 Page 3 of 3 PageID #: 402




 this Court were able to rule on the motion for relief, it would GRANT the motion to reduce

 sentence [Record Document 75] and reduce Glover’s sentence to 29 months.

        THUS DONE AND SIGNED this 7th day of February, 2024.




                                         ELIZABETH ERNY FOOTE
                                         UNITED STATES DISTRICT JUDGE


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