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United States v. Lemusu

United States District Court, D. Hawaii

December 21, 2016

UNITED STATES OF AMERICA, Plaintiff,
v.
HERMAN G. LEMUSU, aka EMANI SAVUSA, aka KONG, aka POP, Defendant.

          ORDER GRANTING DEFENDANT'S MOTION FOR SENTENCE REDUCTION PURSUANT TO 18 U.S.C. § 3582(C)(2) AND AMENDMENT 782 TO THE UNITED STATES SENTENCING GUIDELINES (ECF NO. 360)

          HELEN GILLMOR, UNITED STATES DISTRICT JUDGE

         Defendant Herman Lemusu, proceeding pro se, has filed a motion for a reduction in sentence pursuant to 18 U.S.C. § 3582(c)(2) and Amendment 782 to the United States Sentencing Guidelines.

         Defendant's Motion for a Reduction in Sentence (ECF No. 360) is GRANTED.

         PROCEDURAL HISTORY

         On March 20, 2003, the United States filed an eleven-count Third Superseding Indictment as to Defendant Herman Lemusu (“Defendant”) and another co-defendant. The Third Superseding Indictment charged Defendant as follows:

Count 1: Conspiracy to distribute with intent to distribute and manufacture 50 grams or more of methamphetamine, its salts, isomers, and salts of its isomers in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A)(viii), and 846.
Count 2: Conspiracy to commit money laundering in violation of 18 U.S.C. §§ 2 and 1956(h).
Count 3: Distribution of 50 grams or more of methamphetamine, its salts, isomers, and salts of its isomers in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(A).
Counts 4, 5, and 6: Money laundering in violation of 18 U.S.C. §§ 2 and 1956(a)(1)(A)(i).
Counts 7 through 11 of the Third Superseding Indictment charged a co-defendant and did not present allegations against Defendant. (ECF No. 88).

         On April 18, 2003, Defendant was found guilty of Counts 1, 2, 3, 4, 5, and 6 of the Third Superseding Indictment following a jury trial. (ECF Nos. 124; 125).

         On November 21, 2003, a Presentence Investigation Report was prepared by the Probation Office. The Presentence Investigation Report stated that for Counts 1, 2, 3, 4, 5, and 6, Defendant had a base offense level of 36, a total offense level of 42, and a criminal history category of I. (PSR at pp. 15-17; ¶¶ 43-56, ECF No. 175). The base offense level of 36 was computed from Defendant's underlying drug offenses, as charged in Counts 1 and 3 of the Third Superseding Indictment. (Id. at p. 15; ¶ 43). The Presentence Investigation Report stated that Defendant's base offense level was 36, as Defendant was accountable for 1, 031.4 grams of "ice." (Id.) The drug quantity table at that time stated that the base offense level for offenses involving at least 500 grams but less than 1.5 kilograms of "ice" is 36. (Id.); U.S.S.G. § 2D1.1(c)(2) (2002).

         The sum of Defendant's total offense level and criminal history category yielded a sentence guideline range of 360 months to life imprisonment. (PSR at p. 21; ¶ 82). The Presentence Investigation Report recognized that as to the money laundering offenses in Counts 2, 4, 5, and 6, the term of imprisonment was statutorily limited to 240 months. (Id.)

         On December 1, 2003, the Court sentenced Defendant to 360 months imprisonment as to Counts 1 and 3, and 240 months as to Counts 2, 4, 5, and 6, all terms to run concurrently. Defendant was also sentenced to 5 years supervised release. (ECF No. 167).

         On December 10, 2003, Judgment was entered as to Defendant. (ECF No. 169).

         On December 11, 2003, Defendant filed a notice of ...


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