Opinion
1:14-cr-00214-27
10-17-2022
UNITED STATES OF AMERICA, Plaintiff, v. TONY GOODWIN, Defendant.
OPINION & ORDER [RESOLVING DOC. 1344]
JAMES S. GWIN, UNITED STATES DISTRICT JUDGE:
Tony Goodwin moved pro se for a sentence reduction under 18 U.S.C. § 3582(c)(1)(A)(ii). He now moves through counsel to hold Brown's motion in abeyance until the Sixth Circuit releases its en banc opinion in United States v. McCall. Because McCall will guide the Court's analysis, the Court GRANTS Goodwin's motion.
Doc. 1314.
Goodwin pleaded guilty to one controlled-substance conspiracy charge. The Court sentenced him to 130 months' incarceration and entered judgment on March 10, 2015.
Doc. 624 at 2 (PageID 3897).
Goodwin's motion argues, among other things, that he would not be sentenced as a career offender today. He now represents that he intends to supplement his compassionate-release motion with argument that a nonretroactive sentencing-law change creates an extraordinary and compelling reason to reduce his sentence.
Doc. 1314 at 2 (PageID 8225).
Doc. 1344.
The Court recently ordered Goodwin's co-defendant's compassionate-release motion held in abeyance pending the en banc McCall decision. As the Court explained, the Sixth Circuit's ruling will clarify conflicting panel decisions about how nonretroactive sentencing-law changes affect compassionate-release motions.
Doc. 1338.
See id.
So, the Court GRANTS Goodwin's motion to hold his compassionate-release motion in abeyance until after the Sixth Circuit issues its en banc decision in United States v. McCall. The Court directs the parties to advise the Court of any Sixth Circuit McCall decision within five days of the filing of any Sixth Circuit opinion.
IT IS SO ORDERED