3:03-cr-00016•USA v. Morris et al
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__________ District of __________ ’ ’ ’ ’ ’ ✔ AO 247 (Rev. 03/19) Order Regarding Motion for Sentence Reduction Pursuant to 18 U.S.C. § 3582(c)(2) Page 1 of 2 (Page 2 Not for Public Disclosure) UNITED STATES DISTRICT COURT for the Western District of North Carolina UNITED STATES OF AMERICA v. KEVIN DESHAWN BARLOW ) ) ) Case No: ) USM No: 3:03-CR-00016-002 19241-058 Date of Original Judgment: 02/10/2004 ) Joshua Carpenter Date of Previous Amended Judgment: ) (Use Date of Last Amended Judgment if Any) Defendant’s Attorney ORDER REGARDING MOTION FOR SENTENCE REDUCTION PURSUANT TO 18 U.S.C. § 3582(c)(2) Upon motion of the defendant the Director of the Bureau of Prisons the court under 18 U.S.C. § 3582(c)(2) for a reduction in the term of imprisonment imposed based on a guideline sentencing range that has subsequently been lowered and made retroactive by the United States Sentencing Commission pursuant to 28 U.S.C. § 994(u), and having considered such motion, and taking into account the policy statement set forth at USSG §1B1.10 and the sentencing factors set forth in 18 U.S.C. § 3553(a), to the extent that they are applicable, IT IS ORDERED that the Motions (Doc. Nos. 191, 206, 208) are: DENIED. ✔ GRANTED and the defendant’s previously imposed sentence of imprisonment (as reflected in the last judgment issued) of 322 months is reduced to time served plus up to ten days . (See Page 2 for additional parts. Complete Parts I and II of Page 2 when motion is granted) In light of United States v. Lancaster, 997 F.3d 171 (4th. Cir. 2021) and upon the Government's consent, the Court GRANTS Defendant's Motions for Reduction of Sentence under the First Step Act of 2018. (Doc. Nos. 191, 206, 208). Under Lancaster, the Court must recalculate Defendant's Sentencing Guideline Range without factoring in his previous career-offender enhancement. Therefore, Defendant's sentence is reduced to time served plus up to ten (10) days in order for the Bureau of Prisons to process his release. Except as otherwise provided, all provisions of the judgment dated IT IS SO ORDERED. 02/10/2004 shall remain in effect. Signed: July 16, 2021 Case 3:03-cr-00016-MU Document 209 Filed 07/19/21 Page 1 of 2
Case 3:03-cr-00016-MU Document 209 Filed 07/19/21 Page 2 of 2
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AO 247 (Rev. 03/19) Order Regarding Motion for Sentence Reduction Pursuant to 18 U.S.C. § 3582(c)(2) Page 1 of 2 (Page 2 Not for Public Disclosure) UNITED STATES DISTRICT COURT for the Westem District of North Carolina UNITED STATES OF AMERICA ) Vv. KEVIN DESHAWN BARLOW Case No; 3:03-CR-00016-002 USMNo: 19241-058 Date of Original Judgment: 02/10/2004 Joshua Carpenter Date of Previous Amended Judgment: ) (Use Date of Last Amended J udgment if Any) Defendant’s Attorney ORDER REGARDING MOTION FOR SENTENCE REDUCTION PURSUANT TO 18 U.S.C. § 35822) Upon motion of the defendant [_] the Director of the Bureau of Prisons [_] the court under 18 U.S.C. § 3582(c)(2) for a reduction in the term of imprisonment imposed based on a guideline sentencing range that has subsequently been lowered and made retroactive by the United States Sentencing Commission pursuant to 28 U.S.C. § 994(u), and having considered such motion, and taking into account the policy statement set forth at USSG §1B1.10 and the sentencing factors set forth in 18 U.S.C. § 3553(a), to the extent that they are applicable, IT IS ORDERED that the Motions (Doc. Nos. 191, 206, 208) are: L_DENIED. GRANTED and the defendant’s previously imposed sentence of imprisonment (as reflected in the last judgment issued) of 322 months isreduced to time served plus up to tendays . (See Page 2 for additional parts. Complete Parts I and II of Page 2 when motion is granted) In light of United States v. Lancaster, 997 F.3d 171 (4th. Cir. 2021) and upon the Govemment's consent, the Court GRANTS Defendant's Motions for Reduction of Sentence under the First Step Act of 2018. (Doc. Nos. 191, 206, 208). Under Lancaster, the Court must recalculate Defendant's Sentencing Guideline Range without factoring in his previous career-offender enhancement. Therefore, Defendant's sentence is reduced to time served plus up to ten (10) days in order for the Bureau of Prisons to process his release. Except as otherwise provided, all provisions of the judgment dated 02/10/2004 shall remain in effect. IT ISSO ORDERED. Signed: July 16, 2021 Z <a Frank D, Whitney = | United States District Judge bee ed ia) Case 3:03-cr-00016-MU Document 209 Filed 07/19/21 Page1of2 INFORMATION GPO Case 3:03-cr-00016-MU Document 209 Filed 07/19/21 Page 2 of 2
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