Opinion
2:07-CR-20545-TGB-MKM
03-10-2022
UNITED STATES OF AMERICA, Plaintiff, v. MAURICE LEONARD, Defendant.
ORDER DENYING MOTION FOR REDUCTION IN SENTENCE
TERRENCE G. BERG, UNITED STATES DISTRICT JUDGE.
On April 1, 2008, Defendant Maurice Leonard pleaded guilty to distribution of more than five grams of crack cocaine, in violation of 21 U.S.C. § 841(a) (Count 2); aiding and abetting the distribution of more than five grams of crack cocaine, in violation of 18 U.S.C. § 2 and 21 U.S.C. § 841(a) (Count 3); aiding and abetting the assault of a federal agent, in violation of 18 U.S.C. §§ 2 and 111(b) (Count 4); and aiding and abetting the use of a firearm during and in relation to a crime of violence, in violation of 18 U.S.C. §§ 2 and 924(c) (Count 5). On July 23, 2008, the Court sentenced Leonard to seventeen years imprisonment. ECF No. 25, PageID.101.
On December 27, 2021, Leonard filed a Motion for Reduction of Sentence in Accord to the Fair Sentencing Act Made Retroactive by the First Step Act. ECF No. 69. The relief requested by Leonard's Motion [69] is the same relief already granted by the Court in its Order [67] of October 25, 2021, which reduced Leonard's sentence on Counts 2 and 3 to 92 months pursuant to the First Step Act.
Although the First Step Act authorized resentencing as to Counts 2 and 3, it does not permit the Court to resentence Leonard on Counts 4 and 5. Thus, Leonard's sentences for Counts 4 and 5-120 months followed by 84 months consecutive-remain unchanged.
Accordingly, Maurice Leonard's Motion for Reduction of Sentence in Accord to the Fair Sentencing Act Made Retroactive by the First Step Act [69] is DENIED as moot.
IT IS SO ORDERED.