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Opinion and Order, Leave to File a Motion Under 18 U.S.C. § 3582 — United States v. Taylor (Document 149)

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An Opinion and Order filed May 1, 2024 as Document 149 in United States of America v. Billy Joe Taylor, No. 2:21-CR-20030-001 (Case 2:21-cr-20030-PKH), in the U.S. District Court for the Western District of Arkansas, Fort Smith Division, signed /s/ P.K. Holmes, III. The Court addresses Taylor's motion (Doc. 148) for leave to file a motion under 18 U.S.C. § 3582 for a sentence reduction under Amendment 821. It states that the earlier motion was denied because an aggravating-role adjustment under U.S.S.G. § 3B1.1 made him ineligible under U.S.S.G. § 4C1.1(a), and that any argument to the contrary would be frivolous. The Court denies the motion for leave.

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“Opinion and Order, Leave to File a Motion Under 18 U.S.C. § 3582 — United States v. Taylor (Document 149).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-w-d-ark-no-2-21-cr-20030-dkt-149-b6cef85312/, SHA-256 8d41a64e57e9d9758fb2bc26d2da2cb92f4826421d99fe556d498c8f5b3f7ebe.

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Case 2:21-cr-20030-PKH Document 149                 Filed 05/01/24 Page 1 of 2 PageID #: 897




                            UNITED STATES DISTRICT COURT
                            WESTERN DISTRICT OF ARKANSAS
                                 FORT SMITH DIVISION

UNITED STATES OF AMERICA                                                             PLAINTIFF

v.                                   No. 2:21-CR-20030-001

BILLY JOE TAYLOR                                                                   DEFENDANT

                                   OPINION AND ORDER

       Before the Court is Defendant Billy Joe Taylor’s motion (Doc. 148) for leave to file a

motion under 18 U.S.C. § 3582. Mr. Taylor previously filed a similar motion for leave which was

docketed as a motion to reduce sentence under 18 U.S.C. § 3582. See Doc. 146. In that prior

motion, Mr. Taylor requested leave to move for a sentence reduction under Amendment 821 to the

United States Sentencing Guidelines, based on his status as a defendant who did not receive any

criminal history points under Chapter Four, Part A. See id. at ¶ 3; see also U.S.S.G. § 4C1.1(a).

Mr. Taylor’s prior motion was denied because although he received zero criminal history points,

he was nevertheless ineligible for a sentence reduction under that provision since he had received

an aggravating-role adjustment under U.S.S.G. § 3B1.1.         See Doc. 147; see also U.S.S.G.

§ 4C1.1(a)(10).

       Mr. Taylor’s latest motion seeks to clarify that his prior motion was not itself a motion to

reduce sentence, but rather was simply a motion seeking leave to file a motion to reduce sentence.

His new motion reasserts that request for leave, and also states that he would like the opportunity

to argue that his aggravating-role enhancement does not disqualify him from a sentence reduction

because he was “not engaged in a continued criminal enterprise, as defined in 21 U.S.C. [§] 848.”

See Doc. 148, p. 2.




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Case 2:21-cr-20030-PKH Document 149                 Filed 05/01/24 Page 2 of 2 PageID #: 898




       Mr. Taylor’s motion for leave will be denied. As stated in the Court’s previous order, Mr.

Taylor’s aggravating-role enhancement renders him ineligible for relief under U.S.S.G. § 4C1.1(a).

The relevant provision requires, among other things, that the defendant “did not receive an

adjustment under § 3B1.1 (Aggravating Role) and was not engaged in a continuing criminal

enterprise, as defined in 21 U.S.C. § 848.” See U.S.S.G. § 4C1.1(a). These two requirements—

no aggravating role enhancement, and no continuing criminal enterprise—are clearly phrased in

the conjunctive “and,” not the disjunctive “or.”       Mr. Taylor received an aggravating-role

enhancement. See Doc. 124, ¶ 208. Therefore, it is irrelevant whether he was engaged in a

continuing criminal enterprise; he is ineligible regardless. Any argument to the contrary would be

frivolous. The Court will not grant Mr. Taylor leave to file a frivolous motion.

       IT IS THEREFORE ORDERED that Defendant Billy Joe Taylor’s motion (Doc. 148) for

leave to file a motion under 18 U.S.C. § 3582 is DENIED.

       IT IS SO ORDERED this 1st day of May, 2024.


                                                            /s/P. K. Holmes, III
                                                            P.K. HOLMES, III
                                                            U.S. DISTRICT JUDGE




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