Pandemic Darlings The pandemic economy, in original documents
Home Source documents Order Denying Defendant’s Pro Se Letter Motion Seeking Sentence Reduction (Dkt. No. 138), Denying as Moot Defendant’s Pro Se Motion to Appoint Counsel (Dkt. No. 139) — United States v. Ladonis M. Thompson, No. 19-cr-181-pp (Dkt. 142, E.D. Wis.)

Order Denying Defendant’s Pro Se Letter Motion Seeking Sentence Reduction (Dkt. No. 138), Denying as Moot Defendant’s Pro Se Motion to Appoint Counsel (Dkt. No. 139) — United States v. Ladonis M. Thompson, No. 19-cr-181-pp (Dkt. 142, E.D. Wis.)

Summary

In an order dated September 11, 2026 in Case No. 19-cr-181-pp, Chief Judge Pamela Pepper of the Eastern District of Wisconsin denies Ladonis M. Thompson's pro se motion to reduce sentence under Amendment 821 (Dkt. No. 138), denies as moot a motion to appoint counsel (Dkt. No. 139) and denies a request for early release (Dkt. No. 141). Thompson pleaded guilty to attempted Hobbs Act robbery, Hobbs Act robbery and a firearm count and on February 2, 2021 received a total sentence of 123 months. Amendment 821 would cut Thompson's status points from two to one, leaving 10 criminal history points instead of 11, but that still falls in criminal history category V with the same 84 to 105 month guideline range, so no reduction is authorized. The court adds that it knows of no law entitling criminal defendants to be paid for their prosecution and that Thompson should not expect payment on release.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

                     UNITED STATES DISTRICT COURT
                     EASTERN DISTRICT OF WISCONSIN


UNITED STATES OF AMERICA,

                  Plaintiff,
                                                  Case No. 19-cr-181-pp
      v.

LADONIS M. THOMPSON,

                  Defendant.


   ORDER DENYING DEFENDANT’S PRO SE LETTER MOTION SEEKING
      SENTENCE REDUCTION (DKT. NO. 138), DENYING AS MOOT
  DEFENDANT’S PRO SE MOTION TO APPOINT COUNSEL (DKT. NO. 139)
  AND DENYING DEFENDANT’S PRO SE LETTER REQUEST FOR EARLY
             RELEASE FROM CUSTODY (DKT. NO. 141)


      On October 22, 2019, the grand jury returned an indictment charging

the defendant in five of seven counts, including one count of attempted Hobbs

Act robbery (Count One); one count of using, carrying and brandishing a

firearm during and in relation to that attempted Hobbs Act robbery (Count

Two); one count of Hobbs Act robbery (Count Three); one count of using,

carrying and brandishing a firearm during and in relation to the Count Three

Hobbs Act robbery (Count Four); and one count of being a prohibited person in

possession of a firearm (Count Five).

      Within two months of the indictment, the parties submitted a plea

agreement which called for the defendant to plead guilty to Counts One, Three

and Four. Dkt. No. 18. After the court adjourned the February 3 2020 plea

hearing to give the defendant additional time to speak with his attorney, dkt.

                                        1

      Case 2:19-cr-00181-PP    Filed 09/11/26   Page 1 of 8   Document 142
no. 28, the parties entered into an amended plea agreement, dkt. no. 30. That

agreement called for the defendant to plead to the same counts (Counts One,

Three and Four) but contained an additional provision that the government

agreed “to recommend that the defendant’s sentence on Counts One and Three

run concurrent to his state revocation sentence in Milwaukee County Circuit

Court Case numbers 2012CF006106 and 2015CF002204.” Id. at 7-8. At a

hearing on March 10, the court accepted the defendant’s guilty plea. Dkt. No.

35.

      On February 2, 2021, the court sentenced the defendant to serve thirty-

nine months (three years and three months) on each of the two Hobbs Act

robbery counts (to run concurrently with each other and with the sentences

imposed in Milwaukee Couty Circuit Court Case Nos. 2012CF006106 and

2015CF002204) and eighty-four months (seven years) on the gun charge; the

law required the court to impose the sentence for the gun charge to run

consecutively with the sentence the court imposed on the robbery charges, so

the total sentence was 123 months (or 10 years and 3 months). Dkt. No. 76

(sentencing minutes); Dkt. No. 77 (judgment). The judgement explained that

the court had adjusted the defendant’s 39-month sentence on Counts One and

Three downward by 16 months under U.S.S.G. §5G1.3(b) to account for the

496 days of pretrial detention the defendant had served which would not

otherwise be credited by the Bureau of Prisons (“BOP”).

      Exactly five years after his sentencing (February 2, 2026) the defendant

filed two motions: a pro se motion to reduce his sentence under U.S.S.C.


                                       2

      Case 2:19-cr-00181-PP   Filed 09/11/26   Page 2 of 8   Document 142
Amendment 821 and a pro se motion to appoint counsel. Dkt. Nos. 138, 139.

The sentence reduction motion states that, at the time of the defendant’s

February 2021 sentencing, U.S.S.G. §4A1.1(d) required the court to add 2

points to the defendant’s criminal history score if the defendant had committed

the instant offense while under any criminal justice sentence. Dkt. No. 138 at

2. The motion recounts that, in November of 2023, guideline §4A1.1 changed to

limit status point enhancements to only 1 point for any criminal history points

over seven and 0 points for less than 7 criminal history points. Id. The

defendant says that his “total criminal history points were calculated to be

points, thus he qualifies for a removal of 2 points.” 1 He argues that because the

Sentencing Commission made this adjustment retroactive and because the new

§4A1.1 guideline would lower his criminal history category (and thus his

guideline range) the court should reduce his sentence under 18 U.S.C.

§3582(c)(2). Id.

      The defendant’s motion to appoint counsel reiterates the defendant’s

belief that he is eligible for a 2-point reduction in his criminal history score as

a result of the retroactive changes to guideline §4A1.1 and asks the court to

appoint him counsel in the interest of justice to assist him in pursuing this

sentence adjustment. Dkt. No. 139 at 1.

      On September 8, 2026, the defendant filed an additional pro se motion,

this time requesting early release from custody. Dkt. No. 141. This motion does



1 As it appears in original. It appears the defendant’s motion left out the

number of criminal history points he had at the February 2021 sentencing.
                                         3

       Case 2:19-cr-00181-PP    Filed 09/11/26   Page 3 of 8   Document 142
not pertain to the defendant’s sentencing guidelines argument but instead

describes some of the difficulties the defendant has faced while imprisoned. Id.

at 1-2. The motion states the defendant’s belief that he was “getting paid”

pertaining to his case. Id. He states that his lawyer told him that he would be

paid when he got out, but that he—the defendant—needs that money now in

order “to get through the rest of my incarceration.” Id. at 2. He asks the court

to consider early release.

      Under the United States Sentencing Guidelines in effect when the court

sentenced the defendant (the 2021 edition of the Guidelines Manual), a

defendant would receive two (2) additional criminal history points if he

committed the offenses of conviction while “under any criminal justice

sentence, including probation, parole, supervised release, imprisonment, work

release, or escape status.” U.S.S.G. §4A1.1(d) (2021 edition of the Guidelines

Manual). In other words, if the defendant was on some kind of supervision at

the time he committed his federal crimes, he would receive two (2) “status

points” on top of any other criminal history points he’d accrued.

      On November 1, 2023, Amendment 821 to the United States Sentencing

Guidelines went into effect. Parts of that amendment were retroactive. Part A

addresses “status points”—those extra criminal history points assessed against

someone who committed the instant offense while under a criminal justice

sentence (probation, parole, supervised release, imprisonment, work release or

escape status). United States Sentencing Commission Guidelines Manual,

Supplement to Appendix C, at 240 (2023). The new guideline—which is


                                        4

      Case 2:19-cr-00181-PP    Filed 09/11/26   Page 4 of 8   Document 142
retroactive—now states that a defendant who has less than seven (7) criminal

history points receives no “status” points. U.S.S.G. §4A1.1(e) (2026 edition of

the Guidelines Manual). A defendant who has more than seven (7) criminal

history points now receives only one “status” point. Id.

      The defendant was on supervision in three state cases (Milwaukee

County Case Nos. 12CF006106, 13CF000948 and 15CF02204) on September

6, 2019, the date he committed the attempted robbery of the El Paso food store

and the robbery of the Speedway gas station. Dkt. No. 69 at ¶¶77-79. The court

did assess two criminal history points against him under the 2021 guidelines.

Dkt. No. 76 at 2; see also, Dkt. No. 69 at ¶¶81. This meant that for the robbery

counts, at sentencing, the defendant had an adjusted offense level of 23 and 11

criminal history points (based on his having nine criminal history points and

two status points), putting him in criminal history category V. Dkt. No. 76 at 2.

The advisory guideline range for the armed robberies (an adjusted offense level

of 23 in criminal history category V) was 84 to 105 months, or seven years to

eight years nine months. Id.

      If the defendant were to be sentenced today under the amended

guideline, he would have only 10 criminal history points (9 points and 1 status

point, instead of 2). But 10 points (as opposed to 11) still leaves the defendant

in criminal history category V; with an adjusted offense level of 23, the

defendant’s advisory guideline range on the robbery counts would remain 84 to

105 months. So, in the defendant’s case, the amended guideline does not result

in a reduced guideline range.


                                         5

      Case 2:19-cr-00181-PP     Filed 09/11/26   Page 5 of 8   Document 142
      As a result, the court cannot reduce the defendant’s sentence. 18 U.S.C.

§3582(c)(2) allows a court to reduce a defendant’s sentence only if the

defendant has been sentenced to “a term of imprisonment based on a

sentencing range that has subsequently been lowered by the Sentencing

Commission[.]” The relevant policy statement, U.S.S.G. §1B1.10(a)(2)(B),

explicitly excludes a sentence reduction in the defendant’s case: “A reduction in

the defendant’s term of imprisonment is not consistent with this policy

statement and therefore is not authorized under 18 U.S.C. §3582(c)(2) if -- . . .

(B) An amendment listed in subsection (d) does not have the effect of lowering

the defendant’s applicable guideline range.” Accordingly, the defendant is

ineligible for a reduction in sentence under Amendment 821. See United States

v. Benson, Case No. 2:19-CR-14 JD, 2024 WL 4002915, at *1 (N.D. Ind. Aug.

30, 2024); United States v. Jamerson, Case No. 2:24CR00003-001, 2026 WL

1073847, at *2 (S.D. Ind. Apr. 20, 2026).

      The defendant asked the court to appoint counsel to assist him with his

motion for a sentence reduction. The court did not rule on the motion, in part

because the Seventh Circuit has not decided whether the Criminal Justice Act,

18 U.S.C. §3006A, “permits a court to appoint counsel at public expense . . .

for defendants . . . who are seeking a reduction of their sentences under 18

U.S.C. §3582.” United States v. Bonds, 121 F.4th 1129, 1131 (7th Cir. 2024)

(citing United States v. Foster, 706 F.3d 887, 888 (7th Cir. 2013)); see also

United States v. Newman, No. 21-CR-51-1-JPS, 2026 WL 1008747, at *2 (E.D.

Wis. Apr. 14, 2026). The court now denies the motion as moot, because the


                                        6

      Case 2:19-cr-00181-PP    Filed 09/11/26   Page 6 of 8   Document 142
court itself has reviewed the defendant’s case and determined that the

defendant is not eligible for a sentence reduction under 18 U.S.C. §3582(c)(2).

      Finally, the defendant advises the court that he is having a difficult time

in prison. The court is sorry to hear about the defendant’s difficulties but it has

no authority to grant him a sentence reduction for those reasons. Section

3582(c) of Title 18 prohibits a court from modifying a term of imprisonment

once it has been imposed except in situations involving compassionate release

(illness, age, family circumstances), or where a defendant provided substantial

assistance to the government, or where the applicable guidelines have been

amended downward in the defendant’s favor. None of those circumstances

apply here.

      The court encourages the defendant to participate in the programming

offered by the Bureau of Prisons and to speak to his counselor about any

Earned Time credits he may be able to receive to reduce his overall time in

federal custody. As for the defendant’s reference to payments he will receive,

the court is unaware of any law entitling criminal defendants to be paid for

their criminal prosecution. The defendant should not expect to receive any

sums of money from his attorney, the government or anyone else upon his

release from federal custody.

      The court DENIES the defendant’s pro se motion to reduce sentence

under Amendment 821. Dkt. No. 138.

      The court DENIES AS MOOT the defendant’s motion to appoint counsel.

Dkt. No. 139.


                                         7

      Case 2:19-cr-00181-PP     Filed 09/11/26   Page 7 of 8   Document 142
     The court DENIES the defendant’s pro se motion for early release from

custody. Dkt. No. 141.

     Dated in Milwaukee, Wisconsin this 11th day of September, 2026.

                                    BY THE COURT:


                                    _____________________________________
                                    HON. PAMELA PEPPER
                                    Chief United States District Judge




                                       8

      Case 2:19-cr-00181-PP   Filed 09/11/26   Page 8 of 8   Document 142


File and source

File
gov.uscourts.wied.87518.142.0.pdf
Size
121,694 bytes
SHA-256
b5cbd3cebaf11cb34c528b7a43f13ace0a0e6bd8f55b0db6809b93e8e63594dd
Our copy
gov.uscourts.wied.87518.142.0.pdf
Original
archive.org
Back to top