Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Warren

United States District Court, D. Colorado

November 7, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
JOHNNY SCOTT WARREN, Defendant.

          ORDER DENYING MOTION FOR REDUCED SENTENCE PURSUANT TO THE FIRST STEP ACT

          CHRISTINE M. ARGUELLO UNITED STATES DISTRICT JUDGE

         This matter is before the Court on Defendant Johnny Scott Warren's Motion for Reduced Sentence Pursuant to the First Step Act or 18 U.S.C. § 3582(c)(2). (Doc. # 208.) The Government filed a Response (Doc. # 212) to the Motion on September 11, 2019, and Defendant filed a Reply (Doc. # 212) on September 25, 2019. Based on the following reasons, Defendant's Motion is Denied.

         I. BACKGROUND

         On August 22, 2007, Defendant was charged by indictment with possession of a firearm by a prohibited person as well as possession with intent to distribute more than 50 grams of a mixture and substance containing a detectable amount of cocaine base (crack cocaine). (Doc. # 1.) After a four-day trial, a jury returned a guilty verdict on both counts. (Doc. # 83.) Chief Judge Edward Nottingham presided over the trial and subsequent proceedings.

         On May 15, 2008, Judge Nottingham held a sentencing hearing. Prior to imposing a sentence, the Court explained the sentencing range applicable to the offences at issue pursuant to the United States Sentencing Guidelines (“Guidelines”). Specifically, the Court indicated:

Because of the Chapter 4 enhancements and the fact that [Defendant] is a career offender, he starts out with a Base Offense Level of 37. And his Total Offense Level is 37. The Criminal History Category assigned to a career offender is Category VI, but the Court notes that [Defendant] falls in Criminal History Category VI regardless of the fact that he is a career offender. The imprisonment range is 360 months to life on the drug count. The statutory limitation on the gun count is 120 months.

(Doc. # 108 at 25-26) (emphasis added).

         Notably, the Court imposed a sentence of 240 months on the drug possession count, which is substantially below the Guideline range. (Doc. # 94 at 2.) That term was to be served concurrently with a term of 120 months on the gun count. (Id.) By way of explanation, the Court noted that “the amount of crack cocaine involved was just over 50 grams.” (Doc. # 108 at 26.) The Court further noted that:

The sentence that is at the bottom of the guidelines [360 months] and which the Government advocates is a sentence which completely obliterates hope for a 30-year-old man. It might be different if he didn't have family support. But one of the things that makes this case unusual is the astonishing family support that he has, particularly from his wife. . . . So . . . the Court's going to formulate a sentence here that doesn't obliterate and dash whatever hope this man has.
And it's going to be a serious sentence. His criminal history category, his past conduct, his past membership in gangs all call for a very severe sentence in this case, and there is nothing I can do about that. And to pretend that that doesn't exist and that he hasn't gotten breaks before is simply to fly in the face of reality.
The Court feels that the most it can do in this case is impose a sentence of 240 months. And by “the most, ” I mean, that's the least amount of time that I think I can conscientiously impose.

(Id. at 28-29) (emphasis added). In the instant Motion, Defendant argues that his sentence should be reduced pursuant to the First Step Act of 2018. See Pub. L. 115-391, 132 Stat. 5194.

         II. LEGAL STANDARD

         The First Step Act of 2018 “made retroactive the crack cocaine minimums in the Fair Sentencing Act.” United States v. Rose, 379 F.Supp.3d 223, 227 (S.D.N.Y. 2019). Specifically, section 404 of the First Step Act permits “a court that imposed a sentence for a covered offense” to “impose a reduced sentence as if sections 2 and 3 of the Fair Sentencing Act of 2010 (Public Law 111-220; 124 Stat. 2372) were in effect at the time the covered offense was committed.” First Step Act of 2018, 115 Pub. L. 391 § 404, 132 Stat. 5194, 5222 (2018); United States v. Whittaker, 777 Fed.Appx. 938, 940 (10th Cir. 2019). A “covered offense” is defined as “a violation of a Federal criminal statute, the statutory ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.