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Order Granting Motion to Withdraw and Denying Motion to Reduce Sentence — No. 8:21-cr-00270 (Dkt. 170, D. Neb.)

Summary

Order of the U.S. District Court for the District of Nebraska by Judge Brian C. Buescher in United States v. Todd A. Thompson, case 8:21-cr-00270, Document 170, dated March 26, 2024. The Federal Public Defender, appointed to assess relief under the 2023 guidelines amendments including Amendment 821, moved to withdraw because Thompson had one criminal history point and was not a zero point offender, and the Probation Office reported him ineligible. The order grants David R. Stickman's motion to withdraw (Filing 168) and denies Thompson's pro se motion to reduce sentence (Filing 164).

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“Order Granting Motion to Withdraw and Denying Motion to Reduce Sentence — No. 8:21-cr-00270 (Dkt. 170, D. Neb.).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/order-granting-motion-to-withdraw-and-denying-motion-to-reduce-sentenc-f0ad13b0b9/, SHA-256 c4552e793f52ae622293c22aa3074bdf876f9b355c4e1a3eae63597e150eff54.

Full text

     8:21-cr-00270-BCB-SMB Doc # 170 Filed: 03/26/24 Page 1 of 2 - Page ID # 713




                         IN THE UNITED STATES DISTRICT COURT
                             FOR THE DISTRICT OF NEBRASKA

UNITED STATES OF AMERICA,

                        Plaintiff,                                    8:21–CR–270

         vs.                                           ORDER GRANTING MOTION TO
                                                      WITHDRAW AND DENYING MOTION
TODD A. THOMPSON,                                         TO REDUCE SENTENCE
                        Defendant.


         This matter is before the Court on the pro se Motion to Reduce Sentence filed by Todd A.

Thompson, Filing 164, and the Motion to Withdraw filed by Federal Public Defender, Mr. David

R. Stickman. Filing 168. After the Defendant filed his Motion to Reduce Sentence, the Office of

the Federal Public Defender was appointed to represent him pursuant to General Order No. 2023-

09. Filing 165 The purpose of this appointment was to determine whether the Defendant qualified

“for relief pursuant to either the 2023 U.S. Sentencing Guidelines amendments of U.S.S.G. §

1B1.13 or U.S.S.G. § 1B1.10 providing for the retroactive application of Amendment 821[.]”

Filing 165 at 1. Mr. Stickman has moved to withdraw as counsel because “the Defendant had one

criminal history point assessed in the Presentence Investigation Report and therefore was not a

zero point offender[.] Filing 168 at 1. The United States Probation Office also submitted a

worksheet in this case which states that the Defendant is not entitled to a reduction. Filing 169 at

1.

         The Court has conducted its own review of the Defendant’s pro se Motion along with other

relevant matters in the record. The Court concludes that the Defendant is not entitled to the

sentencing relief he seeks. His pro se Motion is without merit and will be denied. The Court

likewise concludes that Mr. Stickman’s Motion to Withdraw should be granted for the reasons he

set forth in his Motion. Accordingly,

                                                 1
8:21-cr-00270-BCB-SMB Doc # 170 Filed: 03/26/24 Page 2 of 2 - Page ID # 714




    IT IS ORDERED:

    1. Federal Public Defender David R. Stickman’s Motion to Withdraw, Filing 168, is
       granted; and

    2. Todd A. Thompson’s pro se Motion to Reduce Sentence, Filing 164, is denied.

    Dated this 26th day of March, 2024.

                                              BY THE COURT:


                                              _________________________
                                              Brian C. Buescher
                                              United States District Judge




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