Free Reply to Response - District Court of Connecticut - Connecticut

Case 3:00-cr—OOO58-AHN Document 88 Fi|ed12/19/2007 Page1of2
DIITED STATES DISTRICT CDDIT Y
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UNITED STATE or AMERICA IDBI DEC I9 P i2- 35
Pl·““““~
v. Criminal No. 3:00 CR 58 (AHN)
DAMON IVANHOE GRAHAM
Defendant, ,
DEFENDANT'S REJOINDER TO GOMERNM NT'S RESPONSE
AND NOW COMES Damon Ivanhoe Graham (Hereinafter "Defendant"),
preceeding ppg gg, and replies to the government's response in
opposition of the motion for modification of sentence. Defendant
replies as follows:
On November 1, 2007, the United States Sentencing Commission
effected an amendment to the Drug Quantity Table §2Dl.l(c). Item
number 9 of the amendments reduced the base offense level for
cocaine base offenses by two levels. Sgg Amendment 706, U.S.S.G
§ Supplement at 226-227 (Nov. l, 2007)
On November 8, 2007, your Defendant filed a motion for the
modification of his sentence based upon the change to the Drug
Quantity Table.
On November 9, 2007, the government responded to Defendant's
motion by urging the Court to deny the "motion...without prejudice."
Unnumbered Response at I l. The government noted that a modification
in Defendant's sentence is not authorized because the Commission

Case 3:00-cr—00058-AHN Document 88 Filed 12/19/2007 Page 2 of 2
did not (at that time) allow the retroactive application of
Amendment 706.
It is respectfully submitted that on December 11, 2007, the
United States Sentencing Commission unanimously voted in favor
of the retoactive effect of the Amendment 706.
Wherefore, for the foregoing reasons, Defendant respectfully
moves this Honorable Court to effect the retroactive application
of Amendment 706 and modify Defendant's sentence accordingly.
Respectfully submitted,
Dated:l2‘]{1·ZOOq' Damon Ivgnhoe Graham
Reg. No. 13787-014
FMC—Devens, Unit H—A
P.O. Box 879
Ayer, Massachusetts 01&32
CERTIFICATE OF SERVICE
I, Damon Ivanhoe Graham, hereby certify that a true copy
of the foregoing REJOINDER has on this date been served upon
James R. Smart, A.U.S.A, by depositing a copy in the U.S. mails,
postage prepaid, addressed as follows;
James R. Smart, A.U.S.A
United States Attorney's Office
157 Church Street, 23rd Floor
New Haven, Connecticut 06510
Dated:|2‘lq‘200?· Z;
(2)