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United States v. Jackson

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

September 5, 2019

UNITED STATES OF AMERICA,
v.
ANTOINE JOEL JACKSON.

          ORDER

          ELIZABETH A. KOVACHEVICH UNITED STATES DISTRICT JUDGE.

         This cause is before the Court on:

Dkt. 339 First Step Memorandum
Dkt. 343 Motion to Reduce Sentence Pursuant to the First Step Act of 2018
Dkt. 349 Response

         Defendant Antoine Joel Jackson moves for a reduction of sentence to time served, followed by a term of supervised release of eight years, pursuant to Section 404 of the First Step Act of 2018 and 18 U.S.C. Sec. (c)(1)(B).

         The Government does not contest that Defendant Jackson is eligible for a sentence reduction, and does not oppose a reduction to a term of imprisonment of 360 months, followed by 8 years supervised release.

         I. Background

         In the Indictment Defendant Antoine Joel Jackson was charged as follows:

Count 1 Conspiracy to possess with intent to distribute 50 grams or more of cocaine base.
Violation of 21 U.S.C. Sec. 846
Count 2 Distribution of 5 grams or more of cocaine base.
Violation of 21 U.S.C. Sec. 841(a)(1)
Count 4 Distribution of 50 grams or more of cocaine base.
Violation of 21 U.S.C. Sec. 841(a)(1)

         Before trial, the Government filed its Information and Notice of Prior Convictions. (Dkt. 109)

         Defendant Jackson proceeded to a jury trial, and was found guilty on Counts 1, 2 and 4. (Dkt. 127). A special verdict was entered on each count as to drug quantity. (Dkts. 128, 129, 13).

         On February 14, 2002, Defendant Jackson was sentenced to a term of life imprisonment without release as to Counts 1, 2, and 4, concurrent; a term of 120 months supervised release if defendant is ever released as to Counts 1 and 4, and a term of 96 months of supervised release as to Count 2, concurrent; fine waived, and a special assessment of $300.00. (Dkts. 153, 154, 159).

         At sentencing, Defendant Jackson was held accountable for 88.8 grams of cocaine base. (Dkt. 339, p. 12). Defendant Jackson's base offense level was 32. Based on a career offender enhancement, Defendant Jackson's final offense level became 37. Defendant Jackson's criminal history category was V, but based on USSG Sec. 4B1.1, Defendant's criminal history category became VI. (Dkt. 339, p. 19). Therefore, Defendant Jackson's advisory imprisonment range was life; the supervised release range as to Counts 1 and 4 was 120 months, and as to Count 2 was 96 months. The fine range was $20, 000 to $20, 000, 000. ...


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