Opinion
Case No. 3:07cr183 (5)
02-12-2014
UNITED STATES OF AMERICA, Plaintiff, v. JERRY BROWN, Defendant.
JUDGE WALTER H. RICE
DECISION AND ENTRY OVERRULING DEFENDANT'S MOTION TO REDUCE SENTENCE PURSUANT TO 18 U.S.C. § 3582(c)(2), ALSO KNOWN AS THE FAIR SENTENCING ACT
The Defendant's Pro Se Motion (Doc. #400), seeking an order of the Court reducing his sentence pursuant to the Fair Sentencing Act of 2010, 18 U.S.C. § 3582(c)(2), is overruled.
On December 3, 2013, the Sixth Circuit ruled en banc that the Fair Sentencing Act does not have retroactive applicability to defendants whose sentences became final before the effective date of the Act. United States v. Blewett, ___ F.3d ___, Case Nos. 12-5226/5582, slip op. at 2 (6th Cir. Dec. 3, 2013) (en banc) ("[w]e hold that the Act does not apply retroactively to undo final sentences.") Thus, because Blewett is not retroactive and, therefore, Defendant is not eligible for a reduction under the Fair Sentencing Act of 2010, given that his matter was final before the effective date of said legislation, this Court need not resolve the issue of whether, in the absence of the above cited en banc decision, Defendant would have been eligible for the sentence reduction he seeks.
This opinion cannot conclude without the Court mentioning how impressed it was with the positive steps this Defendant has made, since his admission to the Bureau of Prison's facility, to turn his life around so that he can be both a contributing member of his community and a role model for his family. This effort has been exceptional, as fully documented by the attachments to his motion seeking relief. Hopefully, this Court's decision, based on authority that leaves the undersigned no alternative but to rule as set forth herein, will not discourage the Defendant from both keeping a positive outlook and taking positive, proactive steps that will ultimately ease his reintegration into the community.
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WALTER H. RICE
UNITED STATES DISTRICT JUDGE
Copies to: Counsel of record
Jerry Brown, Pro Se, Reg. No. 44646-061, FCI-Gilmer, PO Box 6000, Glenville, WV 26351