United States District Court, M.D. Florida, Fort Myers Division
POLSTER CHAPPELL UNITED STATES DISTRICT JUDGE.
the Court is the United States' Motion for Reduction in
Sentence Pursuant to Federal Rule of Criminal Procedure
35(b). (Doc. 238). Defendant Thomas Davanzo has not
responded, and the time to do has expired. For the below
reasons, the Court grants the motion.
November 8, 2016, the Court sentenced Davanzo to 121
months' imprisonment for wire fraud conspiracy and money
laundering. (Doc. 109). This low-end Guidelines sentencing
included a two-level departure under U.S.S.G § 5K1.1
motion for Davanzo's assistance in prosecuting a
co-conspirator. The Court later reduced Davanzo's
sentence again under Federal Rule Criminal Procedure 35(b)
for his assistance with another co-conspirator. (Doc. 213).
The Court gave a three-level reduction and sentenced Davanzo
to 87 months' imprisonment on March 27, 2018. (Doc. 214).
The Government moves again to reduce Davanzo's sentence
another two levels and recommends a sentence of 70 months
because of his substantial assistance in prosecuting four
defendants in another mail fraud conspiracy. (Doc. 237).
the Government's motion, a district court may reduce a
sentence if the defendant provided substantial assistance.
Fed. R. Crim. P. 35(b); United States v. Mora, 703
Fed.Appx. 836, 843 (11th Cir. 2017) (stating a court may
reduce a sentence “only to reflect a defendant's
subsequent, substantial assistance in the investigation or
prosecution of another person” (quotation marks
omitted)). The reduction may even occur more than one year
after sentencing if the defendant's substantial
assistance involved one of three circumstances:
(A) information not known to the defendant until one year or
more after sentencing;
(B) information provided by the defendant to the government
within one year of sentencing, but which did not become
useful to the government until more than one year after
(C) information the usefulness of which could not reasonably
have been anticipated by the defendant until more than one
year after sentencing and which was promptly provided to the
government after its usefulness was reasonably apparent to
Fed. R. Crim. P. 35(b)(2). The court has discretion to grant
or deny motions to reduce sentences. See United
States v. Manella, 86 F.3d 201, 205 (11th Cir. 1996).
has again provided substantial assistance to merit a sentence
reduction. Davanzo helped three federal agencies investigate
and prosecute another wire fraud conspiracy involving losses
over $511 million. He provided information on hundreds of
documents related to the conspiracy, testified before the
grand jury, and was prepared to testify at trial. And
“[t]he government disclosed Davanzo's grand jury
and proffered statements to the Kingston defendants, which
contributed to those defendants pleading guilty.” (Doc.
238 at 3). And the Court will consider a reduction this late
because Davanzo's information did not become useful until
more than one year after the sentencing, as the Kingston
defendants were not indicted until 2018. The Court thus finds
a two-level reduction to be reasonable based on Davanzo's
finding results in a total offense level of 27, a criminal
history category of I, and a Sentencing Guidelines' range
of 70 to 87 months. Based on this calculation, the Court
finds a sentence of 70 months' imprisonment to be
sufficient, but not greater than necessary, to comply with
the purposes of sentencing. All other parts of Davanzo's
sentence remain as originally imposed.
it is now
Government's Motion for Reduction in Sentence Pursuant to
Fed. R. Crim. P. 35(b) (Doc. 238) is
Clerk of the Court is DIRECTED to enter a
second amended judgment reducing the sentence imposed to
70 months' imprisonment as to Defendant
Thomas Davanzo, ...