Opinion
Criminal Action No. 03-cr-00371-WDM.
August 15, 2008
ORDER
This matter is before me on the Defendant's Motion for Expedited Sentencing Relief Pursuant to 18 U.S.C. § 3582(c)(2). The basis for Defendant's motion is the recent lowering of the United States Sentencing Guidelines for possession with intent to distribute "crack" cocaine, which would lead to a different guideline recommendation than that considered by me at the time of the original sentencing. As a consequence, consideration should be given to whether Defendant's term of imprisonment should be reduced after consideration of all the factors set forth in 18 U.S.C. § 3553(a).
Defendant also requests that the Office of the Federal Public Defender be reappointed to represent the defendant.
Accordingly, it is ordered:
1. The Office of the Federal Public Defender is reappointed to represent the defendant;
2. Government counsel shall respond to the motion on or before August 25, 2008;
3. The United States Probation Office shall prepare and file an addendum or supplement to the Presentence Investigation Report on or before August 25, 2008, consistent with § 3582(c)(2), including public safety factors and post-sentencing conduct;
4. Counsel shall, in consultation with the probation officer, schedule a hearing for consideration of resentencing as promptly as possible; and
5. Counsel may file a sentencing statement at least 5 days prior to resentencing.