USA v. Brunson et al

- 1 -
21cr2909
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA,
Plaintiff,
v.
TAASHAWN HENDERSON,
Defendant.
Case No. 21-cr-2909-BAS-7
ORDER DENYING MOTION TO
REDUCE SENTENCE (ECF No. 474)
The U.S. Sentencing Commission adopted amendments to the United States
Sentencing Guidelines (“U.S.S.G.”), which were submitted to Congress and became
effective November 1, 2023. 	See Sentencing Guidelines for the United States Courts, 88
Fed. Reg. 60534 (Sept. 1, 2023); U.S.S.G. Amend. 821. 	Under Part B, these retroactive
amendments added an “Adjustment for Certain Zero-Point Offenders.” U.S.S.G. § 4C1.1.
This adjustment provides for a two-point decrease in the offense level for defendants who
“did not receive any criminal history points” when calculating the defendant’s criminal
history. 	Id. § 4C1.1(a)(1)–(10).
In addition, under Part A, these amendments changed the criminal history points
added for defendants on post-release status when calculating a defendant’s criminal history
under U.S.S.G. § 4A1.1. The original sentencing guidelines provided:
Case 3:21-cr-02909-BAS Document 478 Filed 11/18/25 PageID.<pageID> Page 1
of 2

- 2 -
21cr2909
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Add 2 points if the defendant committed the instant offense while under any
criminal justice sentence, including probation, parole, supervised release,
imprisonment, work release, or escape status.
U.S.S.G. § 4A1.1(d) (before amendment). The revised guidelines provide:
Add 1 point if the defendant (1) receives 7 or more [criminal history] points
under subsections (a) through (d), and (2) committed the instant offense while
under any criminal justice sentence, including probation, parole, supervised
release, imprisonment, work release, or escape status.
Id. § 4A1.1(e) (Nov. 1, 2023).
Based on this amendment, Defendant Taashawn Henderson now files a Motion to
Reduce Sentence. (ECF No. 474.) The Court referred this Motion to Federal Defenders
for an evaluation. 	(ECF No. 475.) 	Federal Defenders has now filed a status report
concluding the Court “can decide the Motion on the existing record without the assistance
of counsel.” (ECF No. 477.)
At the time of sentencing, the Court calculated Defendant’s criminal history points
to be nine, resulting in a criminal history category of IV: seven points for multiple prior
convictions, plus two points because Defendant committed this offense while on probation
to another court. 	(See Presentence Report ¶¶ 61–66, ECF No. 189; see also Addendum,
ECF No. 195.) 	Under the newly amended guidelines, the Court would have added only
one point, resulting in only eight criminal history points. See U.S.S.G. § 4A1.1(e) (adding
1 point if the defendant receives 7 or more criminal history points). However, a criminal
history category of IV results if a defendant has either 7, 8, or 9 criminal history points.
Thus, deducting one criminal history point would not have changed Defendant’s criminal
history category nor his resulting guideline range.
Because the new Guideline Amendments do not change Defendant’s guideline
calculations and would not have resulted in a different sentence, Defendant’s Motion to
Reduce Sentence (ECF No. 474) is DENIED.
IT IS SO ORDERED.
DATED: November 18, 2025
Hon. Cynthia Bashant, Chief Judge
United States District Court
Case 3:21-cr-02909-BAS Document 478 Filed 11/18/25 PageID.<pageID> Page 2
of 2