United States District Court, M.D. Florida, Tampa Division
ELIZABETH A. KOVACHEVICH SENIOR UNITED STATES DISTRICT JUDGE.
cause is before the Court on:
Dkt. 222 First Step Memorandum
Dkt. 225 Motion to Reduce Sentence Pursuant to Section 404 of
the First Step Act of 2018
Dkt. 228 Response
Caleb Michael Charles moves for a reduction of sentence
pursuant to 18 U.S.C. Sec. (c)(1)(B) and Section 404 of the
First Step Act of 2018. Defendant Charles requests a
reduction of Defendant's term of imprisonment as to Count
2 to time served and Defendant's term of supervised
release to 3 years, leaving intact the 120-month sentence as
to Count 1. In the alternative, Defendant. Charles requests a
hearing to determine a sentence that is sufficient, but not
greater than necessary, pursuant to 18 U.S.C. Sec. 3553(a).
Government opposes Defendant Charles' Motion. The
Government argues that although the First Step Act modifies
Defendant Charles' statutory penalty provisions,
Defendant Charles' guidelines remain the same, as
reflected in the First Step Memorandum. The Government
opposes Defendant's request for modification of the term
of imprisonment to time served as to Count 2, but does not
object to a reduction of the term of supervised release to 3
of the Indictment charges Defendant Charles with Use of
Interstate Commerce Facilities in the Commission of
Murder-for-Hire, in violation of 18 U.S.C. Sec. 1958(a) and
2. Count 2 of the Indictment charges Defendant Charles with
Distribution of Five Grams or More of Cocaine Base, in
violation of 21 U.S.C. Sees. 841(a)(1), 841(b)(1)(a)(iii) and
18 U.S.C. .Sec. 2. (Dkt. 24).
Charles entered into a Plea Agreement. (Dkt. 93), pleading
guilty to Counts 1 and 2 of the Indictment. In the Statement
of Facts, Defendant Charles admitted that 1/2 ounce of crack
cocaine was provided to the UC. (Dkt. 93, p. 17).
Charles moved for a downward departure or variance to 120
months imprisonment at sentencing. The Court denied the
Motion. (Dkts. 132, 137, 147). On July 17, 2009, Defendant
Charles was sentenced to a term of imprisonment on Count 1 of
120 months, concurrent, and concurrent with any term of
imprisonment for the probation violation in Docket Number
067CF014663, and a term of imprisonment on Count 2 of 188
months, concurrent; a term of supervised release on Count 1
of 36 months, concurrent, and a term of supervised release of
60 months on Count 2, concurrent; fine waived; and a special
assessment fee of $200.00.
sentencing, Defendant Charles objected to the grouping of the
two counts of conviction because the end result was the
proposed guideline range exceeded the statutory maximum of
Count 1, 10 years. Defendant Charles also objected to the
4-level increase for pecuniary gain, USSG Sec. 2A1.5(b)(1),
arguing that the pecuniary gain was already incorporated into
the offense itself, murder-for-hire. The Court overruled both
objections. (Dkt. 222, pp. 28-29).
11, 2010, the Court vacated the previous Judgment and
directed that a new Judgment be entered. (Dkts. 172, 173).
Charles moved for a sentence reduction pursuant to Amendment
750 (Dkt. 189). The Government opposed the Motion. (Dkt.