United States District Court, M.D. Florida, Tampa Division
ELIZABETH A. KOVACHEVICH UNITED STATES DISTRICT, JUDGE
cause is before the Court on:
Dkt. 84 First Step Memorandum
Dkt. 86 Unopposed Motion for Sentence Reduction
Under the First Step Act of 2018
Alvin Barnes moves for a reduction of Sentence under Section
404 of the First Step Act of 2018 and 18 U.S.C. Sec.
Barnes entered a guilty plea to Count 1 of the Indictment,
which charged Defendant Barnes with possession with intent to
distribute 5 grams or more of cocaine base, in violation of
21 U.S.C. Sees. 841(a)(1) and 841(b)(1)(B)(iii). The Plea
Agreement establishes that Defendant Barnes was accountable
for 18 grams of cocaine base (Dkt. 18, p. 13). On June 15,
2007, Defendant Barnes was sentenced to 188 months
imprisonment, 48 months supervised release, fine waived, and
a special assessment of $100.00.
Final PSR indicates that Defendant Barnes was accountable for
37.3 grams of crack cocaine. (Dkt. 72, p. 5). At sentencing,
there were no objections to the factual accuracy of the
report, or the application of the Guidelines to those facts,
and the Court adopted the Final PSR without change. (Dkt. 32,
Sentencing Transcript; Dkt. 58, Statement of Reasons, p. 2).
sentencing, Defendant Barnes' base offense level was 30,
based on the 37.3 grams of crack cocaine, then enhanced under
USSG Sec. 4B1.1(b), Career Offender, to 34, then reduced by 3
levels for acceptance of responsibility, for an offense level
of 31. The imprisonment range for Offense Level 31, Criminal
History Category VI is 188 to 235 months imprisonment; the
supervised release range is 4 to 5 years.
Barnes filed a Sec. 2255 Petition (Dkt. 31), which the Court
denied (Dkt. 34).
Barnes moved for reduction of sentence under Amendment 750
(Dkt. 36), which the Court denied (Dkt. 47). Defendant Barnes
appealed the decision; the Eleventh Circuit Court of Appeal
affirmed (Dkts. 53, 54).
Probation filed an Amendment 782 Memorandum (Dkt. 58).
Defendant Barnes moved for a reduction of sentence under
Amendment 782 (Dkt. 60). The Federal Defender's Office
notified Defendant Barnes that it would not pursue relief
under Amendment 782 (Dkt. 62). After the Government's
response, the Court denied Defendant Barnes' Motion (Dkt.
Barnes again filed a Sec. 2255 Petition (Dkt. 73), which the
Court denied (Dkt. 77). The Eleventh Circuit Court of Appeal
denied leave to ...