Opinion
CRIMINAL 10-00051 (NLH)
01-24-2024
UNITED STATES OF AMERICA v. ANTHONY BERRY Defendant.
APPEARANCES: Anthony Berry Register No. 63766-066 FCI-Otisville Inmate Mail/Parcels P.O. Box 1000 Otisville, NY 10963 Defendant appearing pro se Lindsey Rebecca Harteis, Assistant U.S. Attorney Office of the United States Attorney On behalf of the United States of America
APPEARANCES:
Anthony Berry
Register No. 63766-066
FCI-OtisvilleInmate Mail/Parcels
P.O. Box 1000
Otisville, NY 10963
Defendant appearing pro se
Lindsey Rebecca Harteis, Assistant U.S. Attorney
Office of the United States Attorney
On behalf of the United States of America
MEMORANDUM OPINION AND ORDER
NOEL L. HILLMAN, U.S.D.J.
WHEREAS, on January 28, 2010, Defendant Anthony Berry pleaded guilty to a two-count Information charging Conspiracy to Commit Hobbs Act Robbery, 18 U.S.C. § 1551(b)(3) and Use of a Firearm During and in Relation to a Crime of Violence, 18 U.S.C. § 924(c); and
WHEREAS, on October 5, 2010, Defendant was sentenced by the late Honorable Joseph E. Irenas to an aggregate term of 225 months' imprisonment; and
WHEREAS, on May 11, 2023, Defendant filed the instant “Motion for Removal of 924(c) Enhancement/Compassionate Release or in the Alternative a Reduction in Sentence Pursuant to 18 U.S.C. § 3582 (c)(1)(A),” as well as a supplement thereto (ECF Nos. 41, 43); and
WHEREAS, on September 18, 2023, the Government filed its Response to Defendant's Motion (ECF No. 47); and
WHEREAS, after Defendant filed his motion and it was briefed by both parties, the United States Sentencing Commission issued a revised and broadened Policy Statement to guide sentencing courts in considering motions for compassionate release under 18 U.S.C. § 3582 (c)(1)(A), effective November 1, 2023;
THEREFORE, having considered the recent enactment of the amended Policy Statement regarding issues contained in Defendant's pending motion, IT IS on this 23rd day of January 2024, ORDERED that within fourteen (14) days of this Order, Defendant shall either: (1) notify the court in writing that he intends to stand on his current filings, or (2) supplement his current briefing in consideration of the new Amendments; it is further
ORDERED that in the event Defendant elects to supplement his current briefing, the Government shall file its Supplemental Response within seven (7) days thereafter; it is further
ORDERED that a copy of this Order be sent to Defendant Berry by regular mail to his address on the Docket.