Opinion
Case No. CR-2-04-197(2).
April 13, 2006
ORDER
The government moves for a reduction of Defendant Shasta Harrington's sentence pursuant to Federal Rule of Criminal Procedure 35(b). Rule 35(b) authorizes a court to reduce a previously imposed sentence to reflect a defendant's subsequent substantial assistance in the investigation and/or prosecution of others who have committed criminal offenses. Rule 35(b) of the Federal Rules of Criminal Procedure provides:
Upon the government's motion made within one year of sentencing, the court may reduce a sentence if:
(A) the defendant, after sentencing, provided substantial assistance in investigating or prosecuting another person; and
(B) reducing the sentence accords with the Sentencing Commission's guidelines and policy statements.
On July 19, 2005, the Defendant was sentenced to a term of imprisonment of 37 months, after pleading guilty to one count of conspiracy to distribute more than one kilogram of heroin.
This sentence was the result of a motion for downward departure, pursuant to U.S.S.G. § 5K1.1 and 18 U.S.C. § 3553(e), filed by the United States based on the Defendant's cooperation with authorities. The Defendant's advisory guideline range at the time of sentencing was an offense level 21 and criminal history category I, which resulted in a sentencing range of 37 to 46 months.
Subsequent to the Defendant's sentencing hearing, several of her co-conspirators were scheduled to proceed to trial. The Defendant was willing and prepared to testify at all of those trials. The trial of the Defendant's last co-conspirator was scheduled to begin Monday, January 9, 2006, before the Honorable Gregory L. Frost (United States v. Dalemar Nicholson, CR-2-05-97). The Defendant was prepared to testify at that trial as well. As a result of the Defendant's agreement to testify, combined with the cooperation of several other co-conspirators, Dalemar Nicholson pled guilty on Tuesday, January 3, 2006, to a conspiracy to distribute more than a kilogram of heroin.
The Government believes that the Defendant has been extremely cooperative and has provided substantial assistance since her sentencing hearing and therefore recommends a reduction in Defendant's sentence pursuant to Rule 35(b). The United States respectfully requests an additional two-level reduction in the Defendant's offense level. If the Government's Motion is granted, the Defendant's offense level would be a 19 and criminal history category I, with the advisory guideline range of 30 to 37 months. Based on this advisory range, the Government recommends a sentence of 30 months for the Defendant based on her substantial assistance.
Based on this information, the Court finds that a reduction of the Defendant's sentence is appropriate under Rule 35(b) of the Federal Rules of Criminal Procedure. Therefore, the Court GRANTS the Government's Rule 35(b) Motion for a reduction of sentence and hereby sentences the Defendant to 30 months imprisonment. All other conditions of release set forth in the Judgment and Commitment filed July 19, 2005 shall remain the same.
IT IS SO ORDERED.