Opinion
Case No. 3:09cr95
12-19-2013
UNITED STATES OF AMERICA, Plaintiff, v. LEVI LEE, (#44954-061) Defendant.
JUDGE WALTER H. RICE
DECISION AND ENTRY RESENTENCING DEFENDANT PURSUANT TO
THE FAIR SENTENCING ACT; SENTENCE REDUCED ACCORDINGLY BY
MEANS OF AMENDED JUDGMENT; DIRECTIVE TO BUREAU OF
PRISONS AND TO PERSONNEL AT DULUTH FEDERAL PRISON CAMP
On October 19, 2010, the Defendant was sentenced to the then-minimum mandatory sentence of 120 months (Doc. #62). That sentence was journalized in a Judgment Order on October 22, 2010 (Doc. #63). He has been credited with 262 days of pre-sentence jail time credit (July 8, 2009 through March 26, 2010).
On February 7, 2013, the United States Court of Appeals, concluding that the Fair Sentencing Act applied retroactively to those whose offense conduct occurred before the effective date of the Act, but were sentenced thereafter, remanded the Defendant's case to the District Court for resentencing under said Act.
Accordingly, the 120-month sentence previously imposed is ordered reduced to the applicable mandatory minimum of 60 months, effective immediately. The Judgment Entry of October 22, 2010, is so amended.
It is the order and the request of this Court that the Bureau of Prisons amend its records, pursuant to the within Order, specifically recomputing the Defendant's release date, now set for January 4, 2019. With good time credit, this Court believes the Defendant might well be eligible for immediate release. It is the request of this Court that the Bureau of Prisons and the records of the designated institution notify the undersigned on an immediate basis with Defendant's newly calculated release date, and to take any necessary immediate action once said newly calculated release date is determined.
_______________________
WALTER H. RICE
UNITED STATES DISTRICT JUDGE
Copies to: Counsel of Record
Levi Lee #44954-061, FPC Duluth, Federal Prison Camp, P.O. Box 1000, Duluth, MN 55814
United States Marshal
Superintendent & Records Section, FPC Duluth, Federal Prison Camp, P.O. Box 1400,
Duluth, MN 55814