Free Response to Motion - District Court of Colorado - Colorado

Case 1:01-cr-00214-WYD

Document 3571

Filed 04/01/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Case Number: 01-cr-000214-WYD

UNITED STATES OF AMERICA, Plaintiff,

v.

SAMMY LEE WOODS Defendant. ________________________________________________________________________ RESPONSE BY DEFENSE COUNSEL TO MOTION FOR REDUCTION OF SENTENCE PURSUANT TO TITLE 18 U.S.C. SECTION 3582 (doc #3544) ________________________________________________________________________

Comes now CJA defense counsel, on behalf of Defendant, Sammy Lee Woods, who files this Response to Motion for Reduction of Sentence Pursuant to 18 Title U.S.C. Section 3582 and, in support, would state the following; 1. On February 25, 2008, the Defendant, Sammy Lee Woods, filed a pro se Motion

for Reduction of Sentence Pursuant to 18 U.S.C. 3582 (c) (2) (doc# 3544). 2. On February 27, 2008, this Court appointed the undersigned and ordered the parties

to file a notice indicating whether or not the Defendant was eligible for a sentence

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Case 1:01-cr-00214-WYD

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reduction (doc# 3546). Defense counsel subsequently requested more time to respond to this motion (doc# 3556) which was granted by the Court (doc#3558). 3. Counsel has reviewed the pro se motion for sentence reduction and notes that the

defendant incorrectly asserts that he was sentenced to a term of 324 months which, according to him, should be reduced after applying the `crack amendment' to a term 262 months. 4. A review of the record indicates, however, that the Defendant's guideline range was

found to be a level 32, category IV placing him in the range of 168-210 months with a 10 year minimum-mandatory. Based on a prior drug conviction, this minimum-mandatory was doubled resulting in a 240 month term of imprisonment imposed at the time of sentencing. 5. Because a minimum mandatory was imposed and since no relief is due him under

Section(s) 3553(e) or (f), the Defendant is most likely not eligible for a further sentence reduction pursuant to Title 18 U.S.C. Section 3582. Dated this 1st day of April, 2008

Respectfully submitted, s/ Ronald Gainor RONALD GAINOR 6414 Fairways Drive Longmont, CO 80503 (303) 448-9646(phone) (303) 447-0930 (Facsimile) [email protected] Attorney for Sammy Woods

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Filed 04/01/2008

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CERTIFICATE OF SERVICE (CM/ECF)

I hereby certify that I have electronically filed the foregoing Response on this 1st day of April, 2008 with the Clerk of the Court using the ECF system which will send notification of such filing to the following e-mail address:

Guy Till [email protected]

A copy of this filing was also mailed to: Sammy Lee Woods, Fed Reg. 30425-013 Beale B Unit, FCI Memphis, Memphis, TN. 38138-0550

s/ Ronald Gainor

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