United States District Court, W.D. Virginia, Roanoke Division
MICHAEL F. URBANSKI CHIEF UNITED STATES DISTRICT JUDGE
Anthony Deonta Reddicks filed a motion to reduce his sentence
pursuant to the First Step Act of 2018, Pub. L. No. 115-015.
He asks that his sentence be reduced from 240 months to 120
months, which will result in his immediate release. ECF No.
84. The government does not contest that Reddicks is eligible
for a reduction in his sentence and suggests that his
sentence be modified to time served, followed by an 8-year
term of supervised release. The government asks that if a
reduction in Reddicks's sentence results in his immediate
release, that the judgment be stayed for ten days to allow
the Bureau of Prisons sufficient time to process his release.
ECF No. 89. Neither party requested a hearing. For the
reasons set forth below, the court will
GRANT Reddicks's request and modify his
sentence to 120 months, but not less than time served, to be
followed by an 8-year term of supervised release. The
judgment will be stayed for ten days if the Bureau of Prisons
determines that Reddicks is entitled to immediate release.
26, 2006, a jury found Reddicks guilty on one count of
possessing with intent to distribute more than 50 grams of
cocaine base. ECF Nos. 10, 43. At the time he was sentenced,
the statutory minimum and maximum terms of imprisonment based
on 50 grams of cocaine base were 10 years and life. However,
because the government had filed a notice of enhancement
under 21 U.S.C. § 851, based on a 2005 felony drug
conviction, the statutory mandatory rninimum and maximum
terms were 20 years and life. 21 U.S.C. § 841(b)(1)(A)
(2006); ECF Nos. 29, 82.
base offense level from the sentencing guidelines was 32,
based on 65.1 grams of cocaine base. He received no
adjustments, making his total offense level 32. ECF No. 82.
With a criminal history category of III, he had an advisory
guidelines range of 151 to 188 months. U.S.S.G. Ch. 5, Part
A; ECF Nos. 82, 83. On September 6, 2006, Reddicks was
sentenced to the statutory minimum term of 240 months
imprisonment to be followed by a 10-year term of supervised
release. ECF Nos. 46, 83. Reddicks has served approximately
156 months and his projected release date is December 4,
2023. ECF No. 83.
time Reddicks was sentenced, a violation of § 841(a)(1)
carried a mandatory minimum sentence of 10 years and a
maximum of life imprisonment if the offense involved more
than 50 grams of cocaine base, and a penalty range of 5 to 40
years if the offense involved more than 5 grams of cocaine
base. 21 U.S.C. § 841(b)(1)(A) and (B) (2006). In 2010,
the Fair Sentencing Act was enacted, and Section 2 of the act
reduced penalties for offenses involving cocaine base by
increasing the threshold drug quantities required to trigger
mandatory minimum sentences under 21 U.S.C. § 841(b)(1).
Fair Sentencing Act of 2010, Pub. L. No. 111-220, § 2,
124 Stat. 2372 (2010). Currently, in order to trigger the
10-years-to-life-sentencing range, the offense must involve
more than 280 grams of cocaine base, and to trigger the
5-to-40-year sentencing range, the offense must involve more
than 28 grams of cocaine base.
First Step Act was passed on December 21, 2018. Section 404
of the act permits a court, upon motion of the defendant or
the government, or upon its own motion, to impose a reduced
sentence for certain offenses in accordance with the Fair
Sentencing Act of 2010, if such a reduction was not
previously granted. Offenses qualify for the reduction if
they were committed before August 3, 2010 and carry the
statutory penalties which were modified by section 2 or 3 of
the Fair Sentencing Act of 2010. First Step Act of 2018, Pub.
L. No. 115-015,132 Stat. 015 (2018).
parties agree that the First Step Act applies to Reddicks.
Because he was responsible for possessing 65.1 grams of
cocaine base, if the Fair Sentencing Act had been in effect
in 2007, Reddicks would have faced a minimum sentence of five
years and a maximum sentence of forty years. Taking into
account the § 851 enhancement, he would have faced a
minimum sentence of 10 years and a maximum of life. 21 U.S.C.
§ 841 (b)(1)(B). Under the guidelines, his total offense
level would have been 24. U.S.S.G. §2D1.1(c)(8). With a
criminal history category of III, the corresponding advisory
range for offense level 24 is 63-78 months of imprisonment.
U.S.S.G. Ch. 5 Pt. A. Had Reddicks been sentenced after
passage of die Fair Sentencing Act, the appropriate sentence
would have been 120 months followed by an 8-year term of
supervised release, based on the drug amount plus the §
851 enhancement. 2.1 U.S.C. § 841(b)(1)(B). Thus, an
appropriate sentence for Reddicks under the First Step Act
would be 120 months, followed by an 8-year term of supervised
release. Because Reddicks has served approximately 156 .
mondis, it appears that he is entitled to immediate release.
reasons stated above, die court will GRANT
Reddicks's motion to reduce his sentence, ECF No. 84, and
modify his sentence to a total period of 120 mondis, but not
less than time served, to be followed by an 8-year term of
supervised release. The court finds the sentence is
sufficient, but not greater than necessary, and accounts for
the sentencing factors the court must consider pursuant to 18
U.S.C. § 3553(a), specifically deterrence, protection of
me public, and respect for die law. The Bureau of Prisons is
directed to recalculate Reddicks's release date based on
his amended sentence of 120 mondis and release him if he has
fully served his sentence.
appropriate Order and amended judgment will be entered. If
Reddicks is entitled to immediate release, judgment will be
stayed for ten days to give the Bureau of Prisons sufficient
time to process his release.