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United States v. Abrahams

United States District Court, M.D. Florida, Tampa Division

July 27, 2018

UNITED STATES OF AMERICA,
v.
DANIEL ORLANDO ABRAHAMS.

          ORDER

          ELIZABETH A. KOVACHEVICH UNITED STATES DISTRICT JUDGE

         This cause is before the Court on:

Dkt. 112 Motion to Reduce Sentence
Dkt. 116 Response
Dkt. 118 Motion to Reduce Sentence under Sec. 3582(c)(2) and Amendment 706

         Defendant Daniel Orlando Abrahams, gro se, seeks reduction of Defendant's sentence pursuant to the August 3, 2010 Fair Sentencing Act.

         Defendant Abrahams entered a plea of guilty to Count One of the Indictment, charging Defendant with conspiracy with intent to distribute five kilograms or more of cocaine, while aboard a vessel subject to the jurisdiction of the United States, in violation of Sees. 70506(a) and (b); and 21 U.S.C. Sec. 960(b)(1)(B)(ii). Defendant Abrahams was sentenced on May 27, 2016 to 168 months imprisonment, 60 months supervised release, fine waived, and a special assessment fee of $100.00.

         At sentencing, the Court determined that Defendant's total offense level was 35, Criminal History Category was 1, the guideline range (after application of Sec. 5G1.1 and Sec. 5G1.2), was 168 to 210 months imprisonment, the supervised release range was 5 years, and the fine range was $20, 000 to $10, 000, 000.

         On September 29, 2016, Defendant Abrahams filed a Sec. 2255 Motion (Diet. 97), which the Court denied. (Dkt. 103).

         Defendant Abrahams filed an Amendment 782 Motion on April 10, 2017. (Dkt. 105). Counsel was appointed for Defendant. The U.S. Probation Office filed an Amendment 782 Memorandum which indicated that Defendant Abrahams is ineligible, because the Drug Quantity Table remains at level 38 (540 kilograms of cocaine) and Defendant was sentenced under the 2015 Guidelines, which incorporate all the benefits of Amendment 782.

         The Federal Defender's Office filed its Notice that all requirements imposed by the Omnibus Amendment 782 Order were satisfied. (Dkt. 110). Thereafter, Defendant Abrahams filed his pro se Motion to Reduce Sentence. (Dkt. 112). After independent review, the Court denied Defendant's Amendment 782 Motion. (Dkt. 114).

         I. Standard of Review

         "Pro se pleadings are held to a less stringent standard than pleadings drafted by attorneys and will, therefore, be liberally construed." Tannenbaum v. United States. 148 F.3d 1262, 1263 (11th Cir. 1998) (per curiam).

         [F]ederal courts have "an obligation to look behind the label of a motion filed by a pro se inmate and determine whether the motion is, in effect, cognizable under a different remedial statutory framework," United ...


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