Free Motion to Reduce Sentence re Crack Cocaine Offense - 18:3582 - District Court of Connecticut - Connecticut

Case 3:00-cr-00263-JCH

Document 1906

Filed 06/02/2008

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

UNITED STATES OF AMERICA v. ANDRE MCCLENDON

: No. 3:00CR263 (JCH) : : June 2, 2008

MOTION TO REDUCE SENTENCE RE: CRACK COCAINE OFFENSE PURSUANT TO 18 U.S.C. 3582

The Defendant, Andre McClendon, hereby moves the Court for a reduction of sentence based upon the changes to the crack cocaine guidelines. Mr. McClendon was sentenced to a term of incarceration of 87 months on June 2, 2000 as a result of his plea of guilty to Conspiracy to Possess with Intent to Distribute 150 ­ 500 Grams Cocaine Base . His initial Guidelines Range was calculated to be 87-108 Months. Pursuant to the amendments to the Guidelines, his new initial Guidelines Range would be 70-87 Months, reflecting a two level reduction. Both the Government and the Probation Department acknowledge that the Defendant would be eligible for a reduction as stated above, but oppose on the grounds that Mr. McClendon committed transgressions in a halfway house earlier this year.

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Case 3:00-cr-00263-JCH

Document 1906

Filed 06/02/2008

Page 2 of 3

Mr. McClendon was re-incarcerated in a Federal Correctional Institution as a result of his difficulties in the halfway house. His release date pursuant to the original sentence in is next month, July, 2008. Should the Court have sentenced the Defendant under to the lower portion of the new Guidelines, he would have become eligible for release LAST YEAR. We hereby request that the Court allow a reduction of less than two months and order the Defendant released forthwith. Respectfully Submitted The Defendant, Andre McClendon

By:_________x_________________ Elliot R. Warren 327 Riverside Avenue Westport, CT 06880 Phone (203) 226-1716 Fed. Bar No. ct 07084 ewarrenlaw @aol.com -His Attorney-

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Case 3:00-cr-00263-JCH

Document 1906

Filed 06/02/2008

Page 3 of 3

Certificate of Service

I hereby certify that on this date, a copy of the foregoing was filed electronically and served by mail on any counsel unable to accept electronic filing, and on the U.S. Probation Office. Notice of this filing will be sent by e-mail to all parties by operation of the Court's electronic filing system or by mail to anyone unable to accept electronic filing as indicated on the Notice of Electronic Filing. Parties may access this filing through the Court's EM/ECF System.

Additional copy sent by mail to: Ray Lopez U.S. Probation Officer 915 Lafayette Boulevard Bridgeport, CT 06604 _______x_____________ Elliot R. Warren, Esq.

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