Opinion
CASE NO. 2:11-CR-0275 JAM
03-30-2016
UNITED STATES OF AMERICA, Plaintiff, v. THOMAS JOPSON, Defendant.
BENJAMIN B. WAGNER United States Attorney JASON HITT Assistant United States Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916) 554-2700 Facsimile: (916) 554-2900 Attorneys for Plaintiff United States of America
BENJAMIN B. WAGNER
United States Attorney
JASON HITT
Assistant United States Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: (916) 554-2700
Facsimile: (916) 554-2900 Attorneys for Plaintiff
United States of America GOVERNMENT'S MOTION FOR REDUCTION OF SENTENCE PURSUANT TO FED. R. CRIM. P. 35 AND ORDER GRANTING MOTION FOR REDUCTION
The United States, by and through its attorney of record Assistant United States Attorney Jason Hitt, submits this motion seeking a reduction in the overall sentence of defendant Thomas JOPSON ("defendant") based upon substantial assistance that he is expected to provide subsequent to his sentencing by this Court.
BACKGROUND
On July 28, 2015, this Court sentenced the defendant to 1 year and 1 day in prison. At the time of the defendant's sentencing, the United States did not file a motion for reduction of sentence pursuant to U.S.S.G. § 5K1.1 because of uncertainty involving the ability to use the defendant's substantial assistance in the related criminal matter, United States v. Hoffman, et al., Case No. 2:15-CR-0234 JAM. After defendant's sentencing events in the Hoffman matter have persuaded the United States that the defendant's substantial assistance will very likely be important any trial in the Hoffman case. The United States anticipates calling the defendant to provide important trial testimony against Nathan HOFFMAN and others in a future trial date. Because the defendant's initial sentence was 1 year and 1 day, his release date requires any benefit for his substantial assistance to be made now or he would simply receive no benefit for his cooperation. Based on these considerations, the United States now moves that the defendant's sentence of 1 year and 1 day be reduced to time served pursuant to Rule 35(b).
On March 30, 2016, I spoke with the defendant's retained counsel, William Portanova, Esq., and explained that the United States intended to make a Rule 35 motion on behalf of his client. Mr. Portanova indicated that he and his client waive any need to appear in Court in connection with this motion.
AUTHORITY
Pursuant to Rule 35 "[t]he court, on motion of the government made within one year after the imposition of the sentence, may reduce a sentence to reflect a defendant's subsequent, substantial assistance in the investigation or prosecution of another person . . . ." Fed. R. Crim. P. 35(b). Based upon the defendant's anticipated testimony in any trial of the Hoffman matter, the United States now moves for the defendant's sentence of 1 year and 1 day months in prison be reduced to a sentence of time served months in prison. If this motion is granted, the United States respectfully requests that the Court issue an amended judgment reflecting the new sentence and, upon that issuance, the Bureau of Prisons will process the defendant for release.
BENJAMIN B. WAGNER
United States Attorney Dated: March 30, 2016
By: /s/ JASON HITT
JASON HITT
Assistant United States Attorney ORDER GRANTING GOVERNMENT'S MOTION FOR REDUCTION PURSUANT TO FEDERAL RULE 35 OF FEDERAL RULES OF CRIMINAL PROCEDURE
Upon motion by the United States of America and good cause having been shown, IT IS HEREBY ORDERED that:
1. The sentence of imprisonment for defendant Thomas JOPSON in Case No. 2:11-CR-0275 JAM is hereby REDUCED to time served pursuant to Rule 35(b) of the Federal Rules of Criminal Procedure based upon the government's motion; and
2. The defendant's presence for resentencing on this matter is WAIVED based upon his counsel's representation to the government's attorney.
IT IS SO ORDERED. DATED: 3/30/16
/s/ John A. Mendez
JOHN A. MENDEZ
UNITED STATES DISTRICT COURT JUDGE