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- Brief
United States v. Owen, 2020 WL 7407872, at *1 (E.D. Va. Dec. 17, 2020)
Addendum to Motion (Aug. 6, 2020)
Motion for Reconsideration (Nov. 6, 2020)
Order (Dec. 17, 2020)
Argument: Motion for reconsideration; court had previously denied motion in October based on lack of medical condition; no grating MRF due to sentencing disparity based on 924(c) stacking. Discussion is relatively light – Owen was originally a co-defendant of McCoy (whose case was heard by the 4th Cir.)
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- Brief
United States v. Gregory, 07CR73-JED (N.D. Okla. Nov. 22, 2021)
Order (Nov. 22, 2021)
Motion (Nov. 8, 2021)
Mr. Gregory was sentenced to a mandatory 32 years on two stacked 924(c)s convictions stemming from the robberies of two Oklahoma pharmacies. NACDL pro bono attorneys filed a compassionate release motion on Mr. Gregory’s behalf arguing that a reduced sentence is appropriate because, if sentenced today, Mr. Gregory’s mandatory minimum would be only 14 years. Only two after the motion was filed, the district court reduced Mr. Gregory’s sentence to time-served, finding extraordinary and compelling reasons due to his conviction at a relatively young age (26), the disparity between his sentence and those sentenced for similar crimes after the FSA, his rehabilitation efforts, and the environment he would enter upon release. The court also noted that Mr. Gregory was a victim of drug addiction, which motivated the robberies: “While the Court obviously does not excuse what he did, there is no doubt that Mr. Gregory, like so many others in this country, was, at least in part, a victim of his addiction to opioid pain killers. This addiction was the main force that drove him to rob two pharmacies at gunpoint.” Due to the work of his pro bono attorneys, Mr. Gregory was able to spend his first Thanksgiving in 15 years at home with his family.
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- Brief
United States v. Davis, 3:90CR85, ECF No. 277 (W.D.N.C. June 2, 2021)
Motion (Apr. 30, 2021)
Order (June 2, 2021)
Argument: Davis, along with three co-defendants (Whitener/Cecil Jackson/Orrin Jackson) are the first "excessive sentence” compassionate release wins out of the Western District of North Carolina. Each defendant's sentence was reduced to time-served after being convicted in 1990 of stacked § 924c counts, with sentences ranging from 660 to 1,620 months. Looking at factors such as their youth at the time of the convictions, their rehabilitation efforts in BOP, and family and community support, as well as the FSA changes to 924c sentencing, the court reduced their sentences to time served.
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- Brief
United States v. Curry, No. 1:05CR282-TDS, 2021 WL 2644298 (M.D.N.C. June 25, 2021)
Motion to Extend Time to File Reply Brief
Motion to File Reply Brief in Excess of Word Limit
Reply (April 10, 2021)
Order (June 25, 2021)
Argument: Mr. Curry was originally sentenced to life in prison in 2006 after a jury convicted of multiple drug counts and convictions under 18 U.S.C. § 924(c). After two resentencings, Mr. Curry was still subject to a 41 ½ year sentence, driven primarily by two stacked § 924(c) convictions in his case. His release date was projected as 2041 when Mr. Curry would be 65 years old. Judge had previously denied pre-McCoy.
Post McCoy, volunteers with NACDL's Excessive Sentence Project filed a CR Reply (gov. had already responded to pro se motion) arguing that First Step Act’s changes to the § 924(c) stacking penalty would result in Mr. Curry receiving a much lower sentence today for the same convictions. Court granted motion, citing the “gross disparity” between the sentence Mr. Curry originally received and the sentence he would receive today along with his extensive rehabilitation while incarcerated. The district court reduced Mr. Curry’s sentence from 500 months to 240 months. Release date will now be 2022.
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- Brief
United States v. Gaines, 2020 WL 7641201 (W.D. Wash. Dec. 23, 2020)
Order
Argument: Ivy Gaines was found guilty on 18 counts, including 8 924(c) counts, and sentenced to 182 years. Judge Zilly granted the motion for reduction and at the re-sentencing hearing on Feb. 4th reduced the sentence to a total of 20 years, "close to time served.” Bonus: The Sentencing transcript contains some gems from Judge Zilly, such as noting that “some of the recommendations and some of the positions the U.S. Attorney's Office has taken in this case are troubling.” As well as this: “a sentence of 182 years, 56 years, or even 30 years, in my opinion, does not give respect for the law. These sentences are far greater and typically given for more serious crimes. You could murder someone in the State of Washington, or in a federal jurisdiction where they have federal law, and you probably wouldn't get a 56-year sentence.”