Pandemic Darlings The pandemic economy, in original documents
Home Source documents Order Regarding Motion for Sentence Reduction pursuant to 18 U.S.C. § 3582(c)(2) — No. 3:21-cr-00074 (Dkt. 62, E.D. Tenn.)

Order Regarding Motion for Sentence Reduction pursuant to 18 U.S.C. § 3582(c)(2) — No. 3:21-cr-00074 (Dkt. 62, E.D. Tenn.)

Summary

An order regarding a motion for sentence reduction under 18 U.S.C. § 3582(c)(2), dated June 25, 2024 and filed as Document 62 in United States v. Porsha Tims Bush, Case No. 3:21-CR-74-KAC-JEM, in the U.S. District Court for the Eastern District of Tennessee, signed by Judge Katherine A. Crytzer. The attached analysis states that the court sentenced Bush to fifty-seven (57) months on February 24, 2022 for wire fraud in violation of 18 U.S.C. § 1343, and that she seeks a reduction under Amendment 821, Part B [Doc. 57]. It concludes that she is ineligible under U.S.S.G. § 4C1.1 because she received a criminal history point, and so is not eligible for a reduction.

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

Cite this document

“Order Regarding Motion for Sentence Reduction pursuant to 18 U.S.C. § 3582(c)(2) — No. 3:21-cr-00074 (Dkt. 62, E.D. Tenn.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/order-regarding-motion-for-sentence-reduction-pursuant-to-18-u-s-c-358-4a8813f996/, SHA-256 615a4a80f5e47ed702703f2348a617a881fbcf777bb6c97af60f3141689fe82c.

Full text

                                    UNITED STATES DISTRICT COURT
                                                               for the
                                                    Eastern   District of      Tennessee

                  United States of America
                             v.                                  )
                                                                 )    Case No:     3:21-CR-74-KAC-JEM
                       Porsha Tims Bush                          )
                                                                 )    USM No: 58588-509
Date of Original Judgment:         2/24/2022                     )
Date of Previous Amended Judgment:                               )    Jonathan A. Moffatt
                                                                      Defendant’s Attorney

              ORDER REGARDING MOTION FOR SENTENCE REDUCTION
                       PURSUANT TO 18 U.S.C. § 3582(c)(2)
        Upon motion of        the defendant      the Director of the Bureau of Prisons       the court under 18 U.S.C.
§ 3582(c)(2) for a reduction in the term of imprisonment imposed based on a guideline sentencing range that has
subsequently been lowered and made retroactive by the United States Sentencing Commission pursuant to 28 U.S.C.
§ 994(u), and having considered such motion, and taking into account the policy statement set forth at USSG §1B1.10
and the sentencing factors set forth in 18 U.S.C. § 3553(a), to the extent that they are applicable,
IT IS ORDERED that the motion is:
         DENIED.       GRANTED and the defendant’s previously imposed sentence of imprisonment of
                         months is reduced to                                .


Please see the attached analysis.




Except as otherwise provided, all provisions of the judgment dated                                     shall remain in effect.
IT IS SO ORDERED.

Order Date:                 6/25/2024
                                                                                             Judge’s signature


Effective Date:                                                      KATHERINE A. CRYTZER, United States District Judge
                   (if different from order date)                                      Printed name and title



     Case 3:21-cr-00074-KAC-JEM Document 62 Filed 06/25/24 Page 1 of 4 PageID #: 365
                             UNITED STATES DISTRICT COURT
                             EASTERN DISTRICT OF TENNESSEE
                                     AT KNOXVILLE

 UNITED STATES OF AMERICA,                       )
                                                 )
                Plaintiff,                       )
                                                 )
 v.                                              )         No.:     3:21-CR-74-KAC-JEM
                                                 )
 PORSHA TIMS BUSH,                               )
                                                 )
                Defendant.                       )

                                           ANALYSIS
        Before the Court is Defendant Porsha Tims Bush’s “Motion to Reduce Sentence Pursuant

 to 18 USC 3582(c)(2)” [Doc. 57]. On February 24, 2022, the Court sentenced Defendant to

 fifty-seven   (57)    months’    imprisonment       for     wire     fraud,   in   violation   of

 18 U.S.C. § 1343 [Doc. 38 at 1-2]. In her motion, Defendant seeks a reduction in sentence based

 on the retroactive effect of United States Sentencing Guideline Amendment 821,

 Part B [Doc. 57 at 1]. The Federal Defender Services of Eastern Tennessee, pursuant to Eastern

 District of Tennessee Standing Order 24-05, reviewed Defendant’s motion and “determined that

 it will not file a supplemental motion” [Doc. 58 at 1]. The United States opposes because

 Defendant is “ineligible for any sentence reduction” under Part B of Amendment

 821 [Doc. 59 at 1].

        Generally, a district court “does not have the authority to change or modify [a] sentence

 unless such authority is expressly granted by statute.” United States v. Thompson, 714 F.3d 946,

 948 (6th Cir. 2013). 18 U.S.C. § 3582(c)(2) provides that if “a defendant has been sentenced to a

 term of imprisonment based on a sentencing range that has subsequently been lowered by the

 Sentencing Commission pursuant to 28 U.S.C. § 994(o),” then “the Court may reduce the term of

 imprisonment, after considering” the relevant 18 U.S.C. § 3553(a) factors and the

                                                 2

Case 3:21-cr-00074-KAC-JEM Document 62 Filed 06/25/24 Page 2 of 4 PageID #: 366
 “applicable [Sentencing Commission] policy statements.” 18 U.S.C. § 3582(c)(2). However, the

 “decision whether and to what extent to grant an authorized sentence reduction is discretionary.”

 United States v. Monday, 390 F. App’x 550, 554 (6th Cir. 2010).

        In 2023, the Sentencing Commission promulgated Amendment 821 to the United States

 Sentencing Guidelines and voted to apply Parts A and B of Amendment 821 retroactively.

 See U.S.S.G. § 1B1.10(d).     Under the relevant Sentencing Commission policy statement, to

 determine if a reduced sentence is warranted, the Court must first “determine the amended

 guideline range that would have applied to the defendant” if Amendment 821 “had been in effect

 at the time the defendant was sentenced.” Id. § 1B1.10(b)(1). The Court must initially “leave all

 other guideline applications unaffected.” Id. As is relevant here, Part B of Amendment 821

 added Section 4C1.1 to the Guidelines. That Section authorizes a two-level reduction in offense

 level if a defendant meets certain criteria:

        (1) the defendant did not receive any criminal history points from Chapter
        Four, Part A;
        (2) the defendant did not receive an adjustment under §3A1.4 (Terrorism);
        (3) the defendant did not use violence or credible threats of violence in connection
        with the offense;
        (4) the offense did not result in death or serious bodily injury;
        (5) the instant offense of conviction is not a sex offense;
        (6) the defendant did not personally cause substantial financial hardship;
        (7) the defendant did not possess, receive, purchase, transport, transfer, sell, or
        otherwise dispose of a firearm or other dangerous weapon (or induce another
        participant to do so) in connection with the offense;
        (8) the instant offense of conviction is not covered by §2H1.1 (Offenses Involving
        Individual Rights);
        (9) the defendant did not receive an adjustment under §3A1.1 (Hate Crime
        Motivation or Vulnerable Victim) or §3A1.5 (Serious Human Rights Offense);
        and
        (10) 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.

 Id. § 4C1.1(a) (emphasis added).



                                                 3

Case 3:21-cr-00074-KAC-JEM Document 62 Filed 06/25/24 Page 3 of 4 PageID #: 367
        Here, Defendant is ineligible for a reduction under Section 4C1.1 because she received a

 criminal history point “from Chapter Four, Part A.” See U.S.S.G. § 4C1.1(a)(1). Defendant’s

 prior convictions yielded one (1) criminal history point [Doc. 19 ¶ 98]. Therefore, Defendant

 does not satisfy all of the requirements of Section 4C1.1. See U.S.S.G. § 4C1.1(a)(1).

 Because Defendant received a criminal history point, she is not eligible for a sentence reduction

 under Section 3582(c)(2) and Part B of Amendment 821.




                                                4

Case 3:21-cr-00074-KAC-JEM Document 62 Filed 06/25/24 Page 4 of 4 PageID #: 368


File and source

File
62.pdf
Size
186,972 bytes
SHA-256
615a4a80f5e47ed702703f2348a617a881fbcf777bb6c97af60f3141689fe82c
Our copy
62.pdf
Original
No public link identified.
Back to top