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United States v. King

United States District Court, D. Nevada

June 10, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
CHARLES KING, Defendant.

          RENE L. VALLADARES Federal Public Defender

          NICHOLAS A. TRUTANICH United States Attorney

          SYLVIA A. IRVIN Assistant Federal Public Defender

          ELIZABETH O. WHITE Assistant United States Attorney

          AMENDED [1] JOINT STIPULATION FOR SENTENCE REDUCTION PURSUANT TO SECTION 404 OF THE FIRST STEP ACT & ORDER DIRECTING ENTRY OF AMENDED JUDGMENT ECF NOS. 82, 91, AND 92

         The United States of America, by Assistant United States Attorney Elizabeth O. White, and Defendant Charles King, by Assistant Federal Defender Sylvia Irvin, submit this Amended Joint Stipulation pursuant to the First Step Act and ask this Court to enter an amended judgment reducing Mr. King's sentence of imprisonment to 147 months and his term of supervised release to 4 years. The parties agree and stipulate as follows:

         A. Background

         The parties agree that Section 404 of the First Step Act of 2018, enacted on December 21, 2018, authorizes a district court to impose a reduced sentence for crack-cocaine convictions where, had the Fair Sentencing Act (FSA) of 2010 been in effect at the time of the initial sentencing, the statutory penalties for the crack-cocaine offense would have been lower. Further, the parties agree that Mr. King is eligible for imposition of a reduced sentence under Section 404 of the First Step Act.

         On December 2, 2008, Mr. King was indicted on three counts: felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1) and 924(a)(2), possession with intent to distribute cocaine base and aiding and abetting in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B)(iii), and 18 U.S.C. § 2, and using and carrying a firearm during a drug trafficking offense in violation of 18 U.S.C. § 924(c)(1)(A)(iii).[2] On January 27, 2009, a superseding indictment was filed alleging the same counts as the original indictment and adding a forfeiture allegation.[3]

         On March 24, 2009, a jury found Mr. King guilty of all three counts.[4] With a base offense level of 24 and a Criminal History Category of I, the guideline range for Counts 1 and 2 was 60-63 months.[5] Based on the finding of 13.69 grams of cocaine base as to Count 2, the minimum term of imprisonment was 5 years and the maximum term was 40 years.[6] As to Count 3, Mr. King faced a minimum mandatory term of 10 years to life consecutive to Count 2.[7] On July 13, 2009, Mr. King was sentenced to concurrent terms of 60 months as to Counts 1 and 2 followed by a consecutive term of 120 months as to Count 3, for a total of 180 months' imprisonment.[8]

         B. Application of the FSA and Amendment 782 to Defendant's Term of Imprisonment

         The FSA's modified penalty structure would have applied to Mr. King's crack-cocaine conviction had the FSA been in effect at that time. Accordingly, the Court is authorized to impose a reduced sentence under Section 404 of the First Step Act. Under the FSA, Mr. King's statutory range is 0 to 20 years, and under retroactive Amendment 782 to the United States Sentencing Guidelines, his advisory guideline range is 27-33 months.[9]

         Mr. King, joined by the attorney for the United States, respectfully requests that this Court, pursuant to Section 404 and 18 U.S.C. § 3582(c)(2), reduce his sentence to 147 months, comprising 27 months concurrent as to Counts 1 and 2, and consecutive to 120 months as to Count 3. According to Mr. King's Sentencing Monitoring Computation Data sheet dated May 6, 2019, Mr. King served 125 months and 26 days in BOP custody.[10] Using that computation, to date, Mr. King has served 126 months and 3 days in BOP custody.

         C. Application of the FSA to Defendant's Term of Supervised Release

         The parties also agree that Mr. King is eligible for a reduction of his term of supervised release as to Count 2. The Court originally imposed three years of supervised release as to Count 1 and four years of supervised release as to Counts 2 and 3.[11] Under the FSA, the term of supervision for Count 2 is reduced to three years. Accordingly, the parties agree that this Court should reduce the term of supervision for Count 2 from four years to three years. The parties ...


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