Order on Sentence Reduction — United States v. Randy Xavier Jones (M.D. Fla. 8:21-cr-288), Document 112

Summary

An Order, Document 112, filed 04/02/25, in United States of America v. Randy Xavier Jones, Case No. 8:21-cr-288-WFJ-SPF, Middle District of Florida, Tampa Division. Acting pro se, Jones sought a sentence reduction under Amendment 821 (Dkt. 105) and compassionate release. The Court finds him ineligible under Amendment 821 because he was assessed two criminal history points and is not a "zero point offender." It says it would not reduce the 61-month sentence in any event, citing an EIDL fraud ($49,500 loan) and unemployment-benefit scheme with about 20 identity theft victims. It also finds no extraordinary and compelling reason and denies the motion.

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“Order on Sentence Reduction — United States v. Randy Xavier Jones (M.D. Fla. 8:21-cr-288), Document 112.” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-8-21-cr-00288-dkt-112-m-d-fla-f92345cd68/, SHA-256 70c550aaf75ea7aa6f2442b3e2ffa4e690efa7d565b7b95e0ed9b8f3f2c7b8a4.

Full text

Case 8:21-cr-00288-WFJ-SPF Document 112 Filed 04/02/25 Page 1 of 5 PageID 529

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

UNITED STATES OF AMERICA

v. Case No.: 8:21-cr-288-WFJ-SPF

RANDY XAVIER JONES
___________________________________/

ORDER

Citing Amendment 821 to the United States Sentencing Guidelines, Randy

Xavier Jones, USM#: 64032-509, moves, pro se, (Dkt. 105) for a reduction in

sentence. He also seeks compassionate release under 18 U.S.C. § 3582(c)(1)(A),

which will be addressed after the Amendment 821 analysis. Amendment 821, Part

B, amends Section 4C1.1, United States Sentencing Guidelines, to permit a two-

level decrease to a defendant’s offense level if a defendant satisfies the criteria in

Section 4C1.1(a), including the absence of a criminal history point under Chapter

Under 18 U.S.C. § 3582(c)(2), an incarcerated defendant’s prison sentence

might warrant a retroactive reduction if the advisory sentencing range on which the

defendant’s sentence was based “has subsequently been lowered by the Sentencing

Commission . . . [and] if such a reduction is consistent with applicable policy

statements issued by the Sentencing Commission.” Under 28 U.S.C. § 994(u), if

the Sentencing Commission lowers the advisory sentencing range for a “particular
Case 8:21-cr-00288-WFJ-SPF Document 112 Filed 04/02/25 Page 2 of 5 PageID 530

offense or category of offense,” the Sentencing Commission must “specify in what

circumstances and by what amount the sentences of prisoners serving terms of

imprisonment for the offense may be reduced.” Section 1B1.10, United States

Sentencing Guidelines, expressly permits a retroactive reduction for an

incarcerated defendant to whom Amendment 821 applies, but any reduction cannot

decrease a sentence below the time that the defendant “has already served.”

Accordingly, because Amendment 821 lowers the advisory sentencing range

for a defendant without, among other things, a criminal history point, Section

3582, Section 994(u), and Section 1B1.10 permit a reduction in an incarcerated

defendant’s prison term if at sentencing the defendant had no criminal history

points, if the offense of conviction satisfies the criteria in Section 4C1.1(a), and if a

reduction is consistent with 18 U.S.C. § 3553(a).

On July 15, 2022, Randy Xavier Jones was sentenced under 18 U.S.C. §

1343 and 18 U.S.C. §§ 1028A(a)(1) and (2) to 61 months, consisting of 37 months

as to Count 2 for wire fraud and 24 months as to Count 5 for aggravated identity

theft, to run consecutively. Mr. Jones’s total offense level was 20. He was assessed

two (2) criminal history points, and his criminal history was category II. Mr.

Jones’s advisory sentencing range was 37-46 months for wire fraud and 2 years for

aggravated identity theft. He received a sentence within the guidelines at the

bottom of the appropriate range. The total amount of restitution for these crimes is

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Case 8:21-cr-00288-WFJ-SPF Document 112 Filed 04/02/25 Page 3 of 5 PageID 531

$475,881.00. The Bureau of Prisons reports that his expected release date is in

February 2026.

In accord with the Middle District of Florida’s administrative order (Dkt.

115 in 3:21-mc-1-TJC) implementing Amendment 821, the United States

Probation Office must submit a memorandum (1) that states whether a movant is

eligible for a sentence reduction under Amendment 821 and (2) if the movant is

eligible, that proposes a new advisory sentencing range based on the decrease

authorized by Amendment 821. USPO submits a memorandum reporting that

under 18 U.S.C. § 3582(c)(2) and the policy statement in USSG §1B1.10(b)(2)(A),

a retroactive application of Amendment 821 is impermissible because Mr. Jones

was assessed two (2) criminal history points and was not assessed status points.

A Federal Defender was appointed and filed a notice of satisfying its

requirements under the Amendment 821 Omnibus Order. Dkt. 109. The Federal

Defender will not be filing a motion for sentence reduction on behalf of Defendant

Randy Xavier Jones because he “had two criminal history points and was not

assessed any status points for being on any kind of supervision when his instant

case came in.” Id. He is not a “zero point offender.” Thus, Mr. Jones is not

eligible for a sentence reduction.

Even if Defendant were eligible and even considering the sentencing factors

in 18 U.S.C. § 3553(a), the Court would not reduce the 61-month sentence. To

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Case 8:21-cr-00288-WFJ-SPF Document 112 Filed 04/02/25 Page 4 of 5 PageID 532

reduce this sentence further would not properly “reflect the seriousness of the

offense” or “promote respect for the law.” See id. at (a)(2)(A). The sentences

courts impose (and the sentences courts reduce) have an effect upon deterrence

(see id. at (a)(2)(B)) and deterrence would be impaired by this proposed reduction.

During the COVID-19 outbreak, from July 2020 through September 2020,

Mr. Jones knowingly devised and schemed to defraud several U.S. federal and

state programs by obtaining loan proceeds to which he was not entitled. Defendant

applied for Economic Injury Disaster Loan assistance by fraudulently representing

he owned a bakery with twelve employees that had almost $200,000 in gross

revenues and $76,000 in costs the 12 months prior to the COVID-19 disaster.

Defendant received the EIDL loan of $49,500 and used it for solely personal

purposes and to collect fraudulently obtained unemployment insurance benefits.

Mr. Jones received packages at his Florida home with 12 fraudulently

obtained California unemployment Visa debit cards initially loaded with about

$262,000. Mr. Jones had already withdrawn $178,000 in cash while in California

before he mailed the debit cards back to Florida. Other schemes involved filing for

unemployment insurance on behalf of around 20 identity theft victims. Based on

this record, Mr. Jones’s offenses were indeed serious.

Lastly, addressing the arguments raised by Mr. Jones, pro se, under the more

traditional compassionate release through 18 U.S.C. § 3582(c)(1)(A), the Court

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finds that Mr. Jones fails 1) to allege any extraordinary and compelling reason, 2)

to satisfy the § 3553(a) factors, and 3) to demonstrate he is not a danger to the

community. Defendant alleges his extraordinary post sentencing conduct while

incarcerated warrants a reduction in his sentence to 30 months. This reason is not

extraordinary or compelling.

Additionally, the § 3553(a) factors weigh against his release. His 61-month

prison sentence reflects the seriousness of the crimes of wire fraud and aggravated

identity theft of at least 20 victims and serves to protect the public. This fact

further weighs against a finding that he is not a danger to others or the community.

18 U.S.C. § 3582(c)(1)(A)(i); U.S.S.G. § 1B1.13(2) (release denied unless

defendant is not a danger to the safety of any other person or the community).

Mr. Randy Xavier Jones’s pro se motion (Dkt. 105) for a reduction in

sentence and for compassionate release is DENIED.

DONE AND ORDERED at Tampa, Florida on April 2, 2025.

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