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United States v. Holland

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

November 18, 2019

UNITED STATES OF AMERICA,
v.
MAURICE HOLLAND.

          ORDER

          ELIZABETH A. KOVACHEVICH UNITED STATES DISTRICT JUDGE

         This cause is before the Court on:

Dkt. 86 Order Denying Motion for Clarification and Motion to Compel Specific Performance
Dkt. 89 Motion Seeking Out-of-Time Reconsideration of Court's October 15, 2015 Order or Alternatively Requesting to Refile His Motion to Compel Specific Performance of Plea Agreement Motion for Evidentiary Hearing
Dkt. 98 Motion to Supplement Motion
Dkt. 99 Motion for Inquiry
Dkt. 101 Motion to Compel

         Defendant Maurice Holland, pro se, moves for reconsideration of the Court's Order Denying Motion for Clarification and Motion to Compel Specific Performance.

         1. Background

         In Count 1 of the Indictment, Defendant Holland was charged with Conspiracy to Possess with Intent to Distribute 5 kilograms or more of cocaine, violation of 21 U.S.C. Sec. 846; in Count 4, Defendant Holland was charged with Possession of Firearm and Ammunition by convicted felon, violation of 18 U.S.C. Sec. 922(g)(1) and 924(c).

         After Defendant Holland entered into a Plea Agreement to Counts 1 and 4 of the Indictment (Dkts. 52, 54), Defendant Holland was sentenced on October 24, 2012. (Dkts. 60, 66). The Government requested a 2-level reduction for Defendant's substantial assistance (Dkt. 58). The Court granted the Government's Motion, and denied Defendant's Motion for a downward variance.

         Defendant Holland was sentenced to a term of imprisonment on Counts 1 and 4 of 210 months, concurrent; a term of supervised release on Counts 1 and 4 of 60 months, concurrent; fine waived, and a special assessment fee of $200. for both Counts. Counts 2, 3 and 5 were dismissed on the Government's motion.

         After sentencing, Defendant Holland filed a Section 2255 Petition. The Court denied relief because the Motion to Vacate was time-barred. (Dkt. 83).

         Defendant Holland moved to compel a Rule 35 Motion. (Dkt. 85). The ...


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