Opinion
CRIMINAL ACTION 00-385
03-14-2022
UNITED STATES OF AMERICA v. KERRY MARSHALL
ORDER
John R. Padova, J.
AND NOW, this 14th day of March, 2022, upon consideration of Defendant's “Motion to Reduce Sentence pursuant to 18 U.S.C. § 3582(c)(1)” (Docket No. 90), the Government's opposition thereto, all documents filed in connection with the Motion and opposition, and the Hearing held on December 15, 2021, IT IS HEREBY ORDERED as follows:
1. The Motion is GRANTED insofar as it seeks a determination that Defendant presents an “extraordinary and compelling” reason warranting relief under the First Step Act of 2018;
2. The Motion is DEFFERED insofar as it seeks a determination as to an appropriate sentencing modification;
3. The Court, in due course, will schedule a hearing at which we will consider argument and any evidence concerning the factors set forth in 18 U.S.C. § 3553(a).