United States District Court, D. Hawaii
ORDER GRANTING DEFENDANT'S MOTION FOR REDUCTION
OF SENTENCE PURSUANT TO THE FIRST STEP ACT (ECF No.
GILLMOR, UNITED STATES DISTRICT JUDGE
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.
Motion for Sentence Reduction (ECF No. 39) is
sentence is reduced from 240 months to 204 months.
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).
August 29, 2005, the Judgment was filed imposing a sentence
of 240 months of incarceration. (ECF No. 29).
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).
1, 2019, Defendant filed a MOTION FOR REDUCTION OF SENTENCE
PURSUANT TO THE FIRST STEP ACT. (ECF No. 39).
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.
The Court May Modify Imposed Terms of Imprisonment Pursuant
to 18 U.S.C. § 3582
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).