United States District Court, M.D. Florida, Tampa Division
ELIZABETH A. KOVACHEVICH UNITED STATES DISTRICT JUDGE.
cause is before the Court on:
Dkt. 188 First Step Memorandum
Dkt. 192 Motion to Reduce Sentence Pursuant to First Step Act
Dkt. 194 Response
Danyel Ramon Burnett requests that his sentence be reduced to
time served, followed by an 8-year term of supervised
Government does not oppose a reduction to 360 months
imprisonment, the low end of the advisory guidelines range,
followed by an 8-year term of supervised release. The
Government does oppose a sentence reduction to time served,
approximately 18 years.
Burnett entered into a Plea Agreement, pleading guilty to
Count 2 of the Indictment. However, Defendant Burnett did not
appear for the scheduled change-of-plea hearing. (Dkt. 27).
The Government filed an Information and Notice of Prior
Convictions. (Dkt. 42). Defendant Burnett proceeded to a jury
trial and was found guilty on Counts 1 and 2. (Dkt. 92).
Defendant Burnett - was sentenced on March 28, 2003 on Counts
1 and 2 to life imprisonment, a 10-year term of supervised
release; fine waived, and a special assessment fee of
$200.00. (Dkt. 98). The PSR indicates that Defendant's
offense involved 172.1 grams of crack cocaine.
Burnett pursued a direct appeal. The Eleventh Circuit
affirmed in part, vacated in part, and remanded for further
proceedings. Defendant Burnett argued on appeal that the
district court erred by entering a written order that did not
adequately reflect its recommendations concerning a
post-sentence competency evaluation. The sentencing order
contained a recommendation that Defendant Burnett be sent to
an institution where Defendant could receive a competency
evaluation, but the space beside that recommendation was not
marked. The Eleventh Circuit vacated the judgment for the
limited purpose of allowing the district court to enter a
commitment order consistent with its oral pronouncement, and
specified that the proceedings on remand should be limited to
entering a written order requiring a competency evaluation.
an Amended Judgment was entered. (Dkt. 153).
Burnett filed a Section 2255 Petition. (Dkt. 157). The Court
denied Defendant Burnett's Petition. (Dkt. 160).
Burnett moved for a sentence reduction pursuant to Amendments
748 and 750, and 18 U.S.C. Sec. 3582(c)(2). (Dkt. 163). The
Government opposed Defendant's Motion. (Dkt. 170). The
Court denied the Motion. (Dkt. 174). Defendant Burnett
appealed the Court's Order. The Eleventh Circuit
affirmed. (Dkt. 180).
First Step Memorandum, the U.S. Probation Office indicates
that Defendant Burnett is eligible for a sentence reduction,
based on the reduced ...