Opinion
Case No. 3:05cr015(1)
06-10-2014
UNITED STATES OF AMERICA, Plaintiff, v. ZACQUELINE FLEMING, Defendant.
JUDGE WALTER H. RICE
DECISION AND ENTRY OVERRULING DEFENDANT'S MOTIONS FOR
CONCURRENT SENTENCING (DOC. #22 AND #24); DECISION AND ENTRY
OVERRULING DEFENDANT'S MOTION FOR MODIFICATION AND
REDUCTION OF SENTENCE (DOC. #27 AND #28); DECISION AND ENTRY
OVERRULING DEFENDANT'S MOTION FOR REDUCTION OF SENTENCE
BASED ON UNITED STATES V. WASHINGTON (DOC. #29)
Pursuant to the reasoning and citations of authority set forth by the Government (Doc. #26), in its opposition to Defendant's Motions for Concurrent Sentencing (Doc. #22 and #24), said Motions are overruled. Specifically, the charge to which the Defendant pled guilty in this Court, Use (Brandishing) of a Firearm During or in Relation to a Crime of Violence pursuant to 18 U.S.C. ¶ 924(c)(1)(A)(ii) requires an 84 month sentence to be served consecutively to a sentence that had already been imposed by the Lucas County, Ohio, state court. Pursuant to statute, the sentence of this Court, given the offense of conviction, could not, legally and by statute, be run concurrently with the undischarged portion of her state sentence.
The Defendant's Motion for Modification and Reduction of Sentence (Doc. #27 and #28) and Motion for Reduction or Vacation of Sentence based on United States v. Washington, (Doc. #29) are overruled, on the basis that this Court has no power to reduce the Defendant's sentence at this time, with the exception of certain inapplicable provisions of law and, further, the cited matter, Case No. 12-1219 (6th Circuit Court of Appeals 2013), dealing with the sequence of sentencing of Defendant's convictions under ¶ 924(c), is inapplicable to the facts herein.
WHEREFORE, based upon the aforesaid, this Court finds not well taken and does, therefore, overrule the captioned motions.
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WALTER H. RICE
UNITED STATES DISTRICT JUDGE
Copies to: Counsel of record
Zacqueline Fleming #44076-061
FMC Carswell
Federal Medical Center
P.O.Box 27137
Fort Worth, TX 76127