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    • Brief

    United States v. Sloan, 3:93 CR28-MOC (W.D.N.C. June 8, 2021

    Supplement to Pro Se CR Motion (Apr. 22, 2021)

    Response (May 24, 2021)

    Reply (June 1, 2021)

    Def's Notice of Supp Authority (June 2, 2021)

    Order (June 8, 2021)

     


    Argument: Sloan was originally sentenced to Life plus 540 months after trial on several crack conspiracy and gun counts, Sentence was later reduced to 235 months on drug counts and remained at 540 months on 3 stacked 924(c)s. Sloan has now served 30 years and has 34 years remaining.  Defense argues ECR exists because of following intervening changes in law:

    1)  DOJ's Robinson Memo "adopting practice of basing each Section 924(c) in an indictment upon a separate predicate offense";

    2) pre-Booker, so guidelines were mandatory at time of sentencing

    3) SCOTUS prohibited mandatory LWOP for juvenile offenders as client was between 15-20 during conspiracy and is 48 years old now. 

    4) SCOTUS decided Dean v. US, stating district courts can and should consider the mandatory consecutive nature of 924(c) sentences 

    5) Prior to FSA changing the 924(c) stacking provisions, which would not result in a 180-month sentence, rather thana 540-month sentence

    The Court found ECR existed because Sloan’s original 540-month sentence based on stacked § 924(c)s would result in a 180-month sentence today.  Other supporting factors include strong evidence of rehabilitation (47 programs and work assessments, earned GED, two minor infractions in 30 years of prison); he was juvenile when he committed the crimes and 22 when sentenced; and his strong support network and community. Court reduces sentence to time-served plus 14 days