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

1 2 3 4 5 6 7 8 9 10 11 12 John Fitzgerald Harris, 13 Defendant. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Pending before the Court is Defendant's motion for retroactive application of sentencing guidelines to crack cocaine offenses, pursuant to 18 U.S.C. §3582 [Doc. 636]. The Court, after review of the record and all filings submitted by the parties, will deny the motion. The plea and stipulated sentence in this case were products of protracted plea negotiations. Ultimately, the parties arrived at a stipulated sentence, which the Court accepted, and which included the dismissal of very serious charges that would have significantly impacted the Defendant's sentence had he proceeded to trial and been convicted. Moreover, the Defendant waived his right to attack his sentence when he plead guilty. While the guideline range may have played a role in the negotiations, so did many other factors. A simple mathematic reduction that alters the stipulation is inappropriate. Thus, the Court finds that a reduction in the Defendant's sentence would not be justified. ///
Case 2:03-cr-00421-SMM Document 661 Filed 08/12/2008 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

United States of America, Plaintiff, vs.

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CR 03-0421-001-PHX-SMM ORDER

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Therefore, IT IS ORDERED denying Defendant's motion for retroactive application of sentencing guidelines to crack cocaine offenses, pursuant to 18 U.S.C. §3582 [Doc. 636]. DATED this 12th day of August, 2008.

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