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United States v. Hinton

United States District Court, M.D. Florida, Fort Myers Division

February 20, 2018

UNITED STATES OF AMERICA
v.
THEODQRE HINTON, JR.

          AMENDED JUDGMENT IN A CRIMINAL CASE

          SKERI POLSTER CHAPPELL UNITED STATES DISTRICT JUDGE

         The defendant pleaded guilty to Count Two of the Indictment and defendant was previously sentenced on November 2, 2016, as a career offender. Defendant, through appeal, was found to not be entitled to the career offender enhancement and is subject to re-sentencing. Accordingly, the Court has adjudicated that the defendant is guilty of the following offense and imposes the following amended sentence:

Title & Section

Nature of Offense

Date Offense Concluded

Count Number(s)

21 U.S.C. § 841(a)(1), 841 (b)(1)(B)(ii)(II), 18 U.S.C. §2

Possession with Intent to Distribute 500 Grams or More of Cocaine

September 23, 2015

Two

         The defendant is sentenced as provided in the following pages of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984, as modified by United States v. Booker, 543 U.S. 220 (2005).

         Count 1 remains dismissed on the motion of the United States.

         IT IS ORDERED that the defendant shall notify the United States attorney for this district within 30 days of any change of name, residence, or mailing address until all fines, restitution, costs and special assessments imposed by this judgment are fully paid.! If ordered to pay restitution, the defendant shall notify the court and United States attorney of any material change in the defendant's economic circumstances.

         IMPRISONMENT

         The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of 46 months.

         The Court makes the following recommendations as to incarceration:

         Incarceration in a facility close to home Fort Myers, Florida, specifically Coleman Prison.

         Participation in any and all drug/alcohol programs available, to include the Intensive 500 Hour Drug Treatment! Program, if and when eligible.

         The defendant is remanded to the custody of the United States Marshal.

         SUPERVISED RELEASE

         Upon release from imprisonment, the defendant shall be on supervised release for a term of 4 years.

         The defendant shall report to the probation office in the district to which the defendant is released within 72 hours of ...


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