Opinion
Case No. 11-cr-20768
05-06-2014
JOHNNIE LEE JACKSON, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
Honorable Thomas L. Ludington
ORDER DENYING MOTIONS FOR RETROACTIVE APPLICATION OF
SENTENCING GUIDELINES
Johnnie Lee is currently serving a 151-month sentence for distributing crack cocaine. On August 20, 2013, Jackson filed a motion to reduce his sentence, pursuant to 18 U.S.C. § 3582(c)(2), based on the recent Sixth Circuit decision in United States v. Blewitt, 719 F.3d 482 (6th Cir. 2013) (Blewitt I). On December 30, 2013, Jackson filed an identical motion, requesting the same relief.
Although it is true that the court in Blewitt I held that "the Fair Sentencing Act of 2010 . . . should apply to all defendants, including those sentenced prior to its passage," id. at 484, the Sixth Circuit reheard the issue en banc and determined that the Fair Sentencing Act "does not retroactively undo final sentences." United States v. Blewitt, 2013 WL 6231727, at *1 (6th Cir. Dec. 3, 2013) (Blewitt II). The Supreme Court subsequently denied a petition for a writ certiorari. See Blewett v. United States, No. 13-8947, 2014 WL 859676, at *1 (U.S. Mar. 31, 2014).
Notably, under the Sixth Circuit Rules, "[a] decision to grant rehearing en banc vacates the previous opinion of the court, stays the mandate, and restores the case on the docket as a pending appeal." 6th Cir. R. 35(b); see also Becherer v. Merrill Lynch, Pierce, Fenner and Smith, Inc., 131 F.3d 593 (6th Cir. 1998) (same). So when the Sixth Circuit granted en banc review of Blewitt I, that opinion was effectively vacated. And under the holding of Blewitt II, Jackson is not entitled to relief. His motion for a sentence reduction will be denied.
Accordingly, it is ORDERED that Jackson's Motions for Retroactive Application of Sentencing Guidelines (ECF Nos. 21 and 22) are DENIED.
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THOMAS L. LUDINGTON
United States District Judge
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail and on Johnnie Lee Jackson, Jr. #46635-039, P.O. Box 33, Terre Haute, IN, 47808 by first class U.S. mail on May 6, 2014.
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TRACY A. JACOBS