Opinion
2:04-cr-20281-MSN-1
02-09-2022
UNITED STATES OF AMERICA, Plaintiff, v. DANNY WINBERRY, Defendant.
ORDER DIRECTING UNITED STATES TO RESPOND TO DEFENDANT'S MOTION
MARK S. NORRIS, UNITED STATES DISTRICT JUDGE.
On June 13, 2004, Defendant Danny Winberry was indicted on nine counts involving, but not limited to, conspiracy to commit murder, arson, bribery, and solicitation of others to engage in criminal activity. (ECF No. 1.) On February 6, 2007, Winberry entered a guilty plea to counts one and two and the Government agreed to dismiss all remaining counts at sentencing. (ECF No. 102.) Per the Court's Judgment, docketed June 26, 2009, (ECF Nos. 133, 134), Winberry received a sentence of 360 months incarceration. Winberry appealed his sentence on June 27, 2009, (ECF No. 135), and the Sixth Circuit affirmed his sentence. (See ECF No. 145.) On June 7, 2020, Winberry filed a pro se motion for early release, (ECF No. 75), which was denied. (ECF No. 148.)
On January 24, 2022, Winberry filed a second pro se Motion for Compassionate Release pursuant to 18 U.S.C. § 3582(c)(1)(A). (ECF No. 149) (“Motion”.) The United States has yet to respond to Winberry's Motion. The United States is hereby ORDERED to file a response to Defendant's Motion within twenty-eight (28) days after the date of entry for this Order.
IT IS SO ORDERED.