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United States v. Smith

United States District Court, D. Hawaii

July 3, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
CHARLES HOPE SMITH, Defendant.

          ORDER GRANTING DEFENDANT'S MOTION FOR REDUCTION OF SENTENCE PURSUANT TO THE FIRST STEP ACT (ECF No. 39)

          HELEN GILLMOR, UNITED STATES DISTRICT JUDGE

         Defendant Charles Hope Smith has filed a motion for reduction of sentence pursuant to the First Step Act, Pub. L. No. 115-391. Defendant is eligible to receive a sentence reduction.

         Defendant's Motion for Sentence Reduction (ECF No. 39) is GRANTED.

         Defendant's sentence is reduced from 240 months to 204 months.

         PROCEDURAL HISTORY

         On March 23, 2005, Defendant pled guilty to a single-count Information charging him with knowingly and intentionally distributing 50 grams or more of cocaine base, pursuant 21 U.S.C. § 841(a)(1). (ECF Nos. 20, 29).

         On August 29, 2005, the Judgment was filed imposing a sentence of 240 months of incarceration. (ECF No. 29).

         On January 10, 2019, the Court issued a Minute Order stating that Defendant Charles Hope Smith “has been identified as a defendant who may be eligible for relief pursuant to the First Step Act.” The Federal Public Defender was appointed as counsel to represent Defendant in seeking relief pursuant to the First Step Act. (ECF No. 38).

         On May 1, 2019, Defendant filed a MOTION FOR REDUCTION OF SENTENCE PURSUANT TO THE FIRST STEP ACT. (ECF No. 39).

         On May 20, 2019, the Government filed GOVERNMENT'S NON-OPPOSITION TO DEFENDANT'S MOTION FOR REDUCTION OF SENTENCE PURSUANT TO THE FIRST STEP ACT. (ECF No. 41). The Government stated that it has no objection to the Defendant's motion for reduction of sentence.

         ANALYSIS

         A. The Court May Modify Imposed Terms of Imprisonment Pursuant to 18 U.S.C. § 3582

         The Court's authority to modify an imposed term of imprisonment is limited to the extent expressly permitted by statute. Generally, district courts cannot modify imposed terms of imprisonment once they have been imposed. 18 U.S.C. § 3582(c). Congress has authorized courts to modify imposed terms of imprisonment in some limited circumstances, which are outlined in 18 U.S.C. § 3582(c). Relevant here, subsection (c)(1)(B) authorizes a court to modify an imposed term of imprisonment to the extent otherwise expressly permitted by statute. 18 U.S.C. § 3582(c)(1)(B) (emphasis added). Section 404(b) of the First Step Act provides this express statutory authorization. United States v. Mason, 2019 WL 2396568, at *3 (E.D. Wash. June 6, 2019).

         B. The ...


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