Opinion
CRIMINAL ACTION NO. 10-104-JJB
10-28-2013
UNITED STATES OF AMERICA v. STEPHANIE B. WILLIAMS
RULING AND ORDER
Defendant has filed a motion for sentence modification (doc. 633) based upon the Supreme Court's recent ruling in Alleyne v. United States, 133 S.Ct. 2151 (2013). In that decision, the Supreme Court held that any fact that increases the mandatory minimum is an "element" of the crime that must be submitted to the jury.
Applying Alleyne to the case at hand, the court finds that the motion must be denied. Defendant Williams was sentenced to 48 months imprisonment after pleading guiity to conspiracy to commit health care fraud and conspiracy to defraud the United States and to receive and pay health care kickbacks. The record reflects that defendant's sentence was not based upon a mandatory minimum or any other statutory enhancement. Her sentence is well below the statutory maximum for the offenses of conviction. The court also imposed a variant sentence below the calculated guidelines range. Consequently, Alleyne is inapplicable to this case.
ACCORDINGLY, IT IS ORDERED that the motion (doc. 633) for modification be DENIED.
Baton Rouge, Louisiana, October 28th, 2013.
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JAMES J. BRADY, JUDGE
MIDDLE DISTRICT OF LOUISIANA