United States District Court, W.D. Virginia, Lynchburg Division
K. MOON SENIOR UNITED STATES DISTRICT JUDGE
matter is before the Court on Defendant Jamie Lee
Reeves's Motion to Reduce Sentence Pursuant to the First
Step Act of 2018. Dkt. 43. Defendant contends that he is
“Immediate Release Eligible.” This Court
concludes that Defendant has not demonstrated entitlement to
a reduction in his sentence, and therefore Defendant's
First Step Act Motion will be denied.
April 16, 2002, Defendant was charged in a one-count
indictment with distributing five or more grams of cocaine
base, in violation of 21 U.S.C. § 841(a)(1). Dkt 45 at
3; Dkt. 43 at 1.
20, 2002, the Government filed an Information providing
notice of a sentencing enhancement based on Defendant's
prior record. Dkt. 45 at 3; Dkt. 43 at 1. The 21 U.S.C.
§ 851 enhancement increased the minimum penalty for
Defendant's offense to ten years' incarceration, and
minimum term of supervised release to eight years. Dkt. 45 at
3, 9-10; Dkt. 43 at 1.
29, 2002, Defendant pleaded guilty with the benefit of a plea
agreement to the one count of distributing five or more grams
of cocaine base, in violation of 21 U.S.C. § 841(a)(1).
Dkt. 45 at 3; Dkt. 43 at 1. The plea agreement stipulated to
a drug weight of 12.1 grams of cocaine base. Id.
October 24, 2002, this Court sentenced Defendant to ten
years' imprisonment (the statutory minimum), to be
followed by eight years' supervised release (the
statutory minimum). Dkt. 45 at 9-10; Dkt. 43 at 1;
see Dkt. 16; Dkt. Entry (Oct. 24, 2002) (reflecting
terms of Defendant's sentence).
served his sentence. And on February 17, 2011, Defendant was
released from the custody of the Bureau of Prisons and began
his eight-year term of supervised release. Dkt. 43 at 2-3;
Dkt. 41-1 at 1. But on August 1, 2014, Defendant was indicted
in Lynchburg Circuit Court for possession of cocaine, and,
after he pleaded not guilty, that court found him guilty and
sentenced him on April 29, 2015 to one year and three
months' incarceration. Dkt. 42; Dkt. 41-1 at 1.
on March 4, 2015, Defendant was charged in Lynchburg Circuit
Court with three counts of cocaine distribution (3d or
subsequent offense), with offense dates of November 20, 2013,
February 6, 2014, and February 11, 2014. Dkt. 41-1 at 2. On
November 28, 2017, Defendant pleaded guilty to three lesser
charges of cocaine distribution; Defendant was sentenced to
one year of incarceration on each count, with all such
sentences to run consecutively. Dkt. 42.
December 6, 2017, Defendant's probation officer
petitioned this Court to revoke Defendant's term of
supervised release on account of these violations of his
mandatory terms of supervised release. Dkt. 41-1. Defendant
admitted guilt to violating mandatory terms of supervised
release, and on December 14, 2018, this Court revoked
Defendant's term of supervised release and imposed a
sentence of 24 months' incarceration, to run
consecutively to any state-imposed sentence of incarceration.
the issuance of this Memorandum Opinion, Defendant is
currently incarcerated. The Federal Bureau of Prisons website
calculates his release date will be July 20, 2020. See
also Dkt. 57 at 2.
February 1, 2019, Defendant filed a motion seeking a
reduction in sentence pursuant to the First Step Act. Dkt.
43. On February 4, this Court ordered the Government to
respond (Dkt. 44), and, after two motions for extension of
time, the Government responded on March 24, 2019 (Dkt. 52).
On June 24 and November 21, 2019, Defendant filed two Notices
of Supplemental Authority, the second of which cited the
Fourth Circuit's decision in United States v.
Venable, 943 F.3d 187 (4th Cir. 2019), which resolved
one of the primary questions at issue in this case, namely,
whether this Court had imposed a sentence for “a
covered offense” within the meaning of the First Step
Act. The Government has since filed a Notice of Supplemental
Authority acknowledging the Fourth Circuit's holding in
Venable and “retract[ing] its previous
position regarding the applicability of the First Step Act of
2018 to defendants serving terms of incarceration following a
revocation of supervised release.” Dkt. 58 at 1.
However, the Government argues that the Court should decline
to exercise its discretion to reduce Defendant's
sentence. Dkt. 58. Defendant's First Step Act Motion
(Dkt. 43) is fully briefed and ripe for decision.