Free Letter Transmitting Notice of Appeal - District Court of Colorado - Colorado

Case 1:01-cr-00214-WYD Document 3610-3 Case 1:01-cr-00214-WYD Document 3568

Filed 03/28/2008 Filed 06/30/2008

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Case 1:01-cr-00214-WYD Document 3610-3 Case 1:01-cr-00214-WYD Document 3568

Filed 03/28/2008 Filed 06/30/2008

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Case 1:01-cr-00214-WYD Document 3610-3 Case 1:01-cr-00214-WYD Document 3570

Filed 04/01/2008 Filed 06/30/2008

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Wiley Y. Daniel Criminal Case No. 01-cr-00214-WYD UNITED STATES OF AMERICA, Plaintiff, v. THEOLIAN LLOYD, Defendant. _____________________________________________________________________ MINUTE ORDER _____________________________________________________________________ ORDER ENTERED BY JUDGE WILEY Y. DANIEL On March 28, 2008, Defendant Theolian Lloyd filed a pro se letter that the Court construes as a motion for appointment of counsel (docket #3568). The motion is GRANTED. Accordingly, it is ORDERED that the Clerk's Office shall appoint CJA counsel, Mr. John H. Schlie, to represent the Defendant. It is FURTHER ORDERED that once appointed, counsel for the Defendant and the Government are ordered to file a notice with the Court indicating whether or not the Defendant is eligible for the sentence reduction pursuant to 18 U.S.C. §3582(c)(2) not later than Thursday, May 1, 2008. Dated: April 1, 2008

Case 1:01-cr-00214-WYD Document 3610-3 Case 1:01-cr-00214-WYD Document 3587

Filed 04/26/2008 Filed 06/30/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Action No.01-CR-214-WYD UNITED STATES OF AMERICA, Plaintiff, vs.

5. THEOLIAN LLOYD Defendant. ______________________________________________________________________________ NOTICE OF NON-ELIGIBILITY FOR SENTENCE REDUCTION PURSUANT TO 18 U.S.C. §3582(c)(2) ______________________________________________________________________________ The undersigned counsel, John Henry Schlie, having been appointed by the Court to represent the Defendant, Theolian Lloyd, regarding a determination as to whether Mr. Lloyd is eligible for a reduction of the term of his imprisonment pursuant to18 U.S.C.§ 3582(c)(2), does hereby file this Notice. Based on a review of the file herein, Mr. Lloyd received a sentence of a term of imprisonment of 240 months due to the mandatory minimum sentence set forth in 21 U.S.C.§ 841(a)(1) and (b)(1)(A)(iii) rather than the sentencing guideline range as determined by the Court at sentencing. Therefore, Mr. Lloyd was not sentenced to a term of imprisonment based on a sentencing range that has been subsequently lowered by the Sentencing Commission and is not eligible for a motion to reduce the term of his imprisonment pursuant to 18 U.S.C.§ 3582(c)(2). Respectfully submitted this 26th day of April, 2008. s/ John Henry Schlie John Henry Schlie Law Office of John Henry Schlie, P.C.

Case 1:01-cr-00214-WYD Document 3610-3 Case 1:01-cr-00214-WYD Document 3587

Filed 04/26/2008 Filed 06/30/2008

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2406 W. Davies Avenue Littleton, Colorado 80120 Telephone: (303) 830-1616 FAX: (303) 860-1297 E-mail: [email protected] Attorney for Defendant Theolian Lloyd

Case 1:01-cr-00214-WYD Document 3610-3 Case 1:01-cr-00214-WYD Document 3595

Filed 05/20/2008 Filed 06/30/2008

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Wiley Y. Daniel Criminal Case No. 01-cr-00214-WYD UNITED STATES OF AMERICA, Plaintiff, v. THEOLIAN LLOYD, Defendant. _____________________________________________________________________ ORDER _____________________________________________________________________ THIS MATTER comes before the Court on the Defendant's pro se motion for appointment of counsel and modification of sentence pursuant to 18 U.S.C. §3582(c)(2) (docket #3568), filed March 28, 2008. Upon receipt of the motion, I appointed CJA counsel to represent the Defendant in this matter. Additionally, I ordered counsel for the Defendant and the Government to file a response with the Court indicating whether the Defendant was eligible for a sentence reduction under 18 U.S.C. §3582(c)(2). Both defense counsel and the Government filed responses with the Court indicating that the Defendant is not eligible for a sentence reduction. Specifically, counsel for the Government and defense counsel reviewed the Defendant's file and confirmed that the Defendant received a sentence of a term of imprisonment of 240 months due to the mandatory minimum sentence set forth in 21 U.S.C. § 841(a)(1) and (b)(1)(A)(iii) rather than the sentencing guideline range as determined by the Court at sentencing.

Case 1:01-cr-00214-WYD Document 3610-3 Case 1:01-cr-00214-WYD Document 3595

Filed 05/20/2008 Filed 06/30/2008

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Thus, the Defendant is not eligible for a sentence reduction under 18 U.S.C. §3582(c)(2). The Sentencing Commission has not altered and cannot alter a statutory mandatory minimum sentence. See United States v. Novey, 78 F.3d 1483, 1486 (10th Cir. 1996); See § 1B1.10 app. note 1(A) (affirming that "a reduction in the defendant's term of imprisonment is not authorized under 18 U.S.C. § 3582(c)(2) and is not consistent with this policy statement if . . . the amendment does not have the effect of lowering the defendant's applicable guideline range because of the operation of another. . . statutory provision (e.g., a statutory mandatory minimum term of imprisonment)"). After carefully reviewing the above-captioned case and the pleadings submitted by the Defendant, defense counsel and the Government, I find that the Defendant's pro se motion for a sentence reduction should be denied. On November 1, 2007, the United States Sentencing Commission amended the applicable guideline in this case. Title 18 U.S. C. § 3582(c)(2) provides: [I]n the case of a defendant who has been sentenced to a term of imprisonment based on a sentencing range that has subsequently been lowered by the Sentencing Commission pursuant to 28 U.S.C. 994(o), upon motion of the defendant or the Director of the Bureau of Prisons, or on its own motion, the court may reduce the term of imprisonment, after considering the factors set forth in section 3553(a) to the extent that they are applicable, if such a reduction is consistent with applicable policy statements issued by the Sentencing Commission. As previously mentioned, the Defendant was sentenced to a mandatory minimum sentence as required by statute, therefore, he is not eligible for a sentence reduction under 18 U.S.C. §3582(c)(2). Thus, Defendant's pro se motion for a sentence reduction is denied. Accordingly, it is -2-

Case 1:01-cr-00214-WYD Document 3610-3 Case 1:01-cr-00214-WYD Document 3595

Filed 05/20/2008 Filed 06/30/2008

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ORDERED that Defendant's pro se motion for modification of sentence pursuant to 18 U.S.C. §3582(c)(2) (docket #3568), filed March 28, 2008, is DENIED for the reasons stated in this Order. Dated: May 20, 2008 BY THE COURT:

s/ Wiley Y. Daniel Wiley Y. Daniel U. S. District Judge

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Case 1:01-cr-00214-WYD Document 3610-3 Case 1:01-cr-00214-WYD Document 3609

Filed 06/27/2008 Filed 06/30/2008

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Case 1:01-cr-00214-WYD Document 3610-3 Case 1:01-cr-00214-WYD Document 3609

Filed 06/30/2008 Filed 06/27/2008

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