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United States v. Barnes

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

July 18, 2019

UNITED STATES OF AMERICA,
v.
ALVIN BARNES.

          ORDER

          ELIZABETH A. KOVACHEVICH UNITED STATES DISTRICT, JUDGE

         This 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

         Defendant Alvin Barnes moves for a reduction of Sentence under Section 404 of the First Step Act of 2018 and 18 U.S.C. Sec. 3582(c)(1)(B).

         I. Background

         Defendant 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.

         The 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).

         At 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.

         Defendant Barnes filed a Sec. 2255 Petition (Dkt. 31), which the Court denied (Dkt. 34).

         Defendant 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).

         U.S. 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. 67).

         Defendant Barnes again filed a Sec. 2255 Petition (Dkt. 73), which the Court denied (Dkt. 77). The Eleventh Circuit Court of Appeal denied leave to ...


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