1:17-cr-00144•USA v. ROBINSON et al
Texto completo
1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) No. 1:17-cr-00178-01-JPH-TAB No. 1:17-cr-00144-04-JPH TAB ) DAVON A HERRON, ) ) Defendant. ) ORDER DENYING MOTIONS TO REDUCE SENTENCE Davon Herron has filed two motions to reduce his sentence under Amendment 821 to the United States Sentencing Guidelines, which retroactively lowered the sentencing guidelines calculation for some defendants. No. 1:17-cr-178-01, dkt. 117; No. 1:17-cr-144-04, dkt. 292. Under 18 U.S.C. § 3582(c), a district court "may not modify a term of imprisonment once it has been imposed" unless an exception applies. See Dillon v. United States, 560 U.S. 817, 824 (2010). One of those exceptions is for "a defendant who has been sentenced to a term of imprisonment based on a sentencing range that has subsequently been lowered by the Sentencing Commission." 18 U.S.C. § 3582(c)(2). Motions for sentence reductions under § 3582(c)(2) are evaluated in "a two-step inquiry." Dillon, 560 U.S. at 826–27. First, the district court must determine whether the reduction is permissible under the amended guidelines. Id. If that first step is satisfied, the district court must consider "any applicable § 3553(a) factors and determine whether, Case 1:17-cr-00144-JPH-TAB Document 297 Filed 12/09/25 Page 1 of 3 PageID #: <pageID>
2 in its discretion, the reduction . . . is warranted . . . under the particular circumstances of the case." Id. Here, Mr. Herron's motion in his -178 case seeks a reduction under Amendment 821 Part A, which limits "status points" imposed for having committed the offense while under a criminal justice sentence. Dkt. 117; USSG §4A1.1. And his motion in his -144 case seeks a reduction under Amendment 821 Part B, which decreases the offense level "for certain zero- point offenders." Dkt. 292; USSG §4C1.1(a). The government responds that Mr. Herron is not eligible for a reduction under either part because the amendment does not change his guidelines range. No. 1:17-cr-178, dkt. 1241. Mr. Herron did not receive any status points, No. 1:17-cr-178, dkt. 70 at 10–11, so Amendment 821 Part A does not affect his criminal history category or resulting guidelines range, see USSG §4A1.1(e). And to be eligible for Part B's zero-point offender retroactive adjustment, Mr. Herron must not have "possess[ed] . . . a firearm or other dangerous weapon . . . in connection with the offense." USSG §4C1.1(a)(7). However, he was "armed with a pistol" during the offenses. No. 1:17-cr-144, dkt. 135 at 7–10 (stipulated factual basis). So neither part of Amendment 821 changes Mr. Herron's sentencing range, and the Court may reduce his sentence only if his "sentencing range . . . has subsequently been lowered by the Sentencing Commission." 18 U.S.C. § 3582(c)(2); see USSG §1B1.10(a) (same). 1 The government addressed both Part A and Part B in its response in No. 1:17-cr-178. Dkt. 124. Mr. Herron was sentenced in both cases in a joint hearing under the same plea agreement. See No. 1:17-cr-178, dkt. 76; No. 1:17-cr-144, dkt. 214. Case 1:17-cr-00144-JPH-TAB Document 297 Filed 12/09/25 Page 2 of 3 PageID #: <pageID>
3 Mr. Herron also seeks a sentence reduction under Amendment 829, which addressed when a downward departure "may be warranted due to the defendant's youthfulness at the time of the offense or prior offense." No. 1:17- cr-178, dkt. 117. But Amendment 829 is not retroactive, so it cannot support a sentence reduction. See USSG §1B1.10(d) (listing retroactive amendments). Mr. Herron therefore is not eligible for a sentence reduction under Dillon's first step, and his motions are DENIED. No. 1:17-cr-178, dkt. [117]; No. 1:17-cr-144, dkt. [292]. The Clerk is directed to docket this order in both 1:17-cr-178-01-JPH-TAB and 1:17-cr-144-04-JPH-TAB. SO ORDERED. Distribution: All electronically registered counsel Davon Herron 15955-028 FCI Williamsburg Inmate Mail P.O. Box 340 Salters, SC 29590 Date: 12/9/2025 Case 1:17-cr-00144-JPH-TAB Document 297 Filed 12/09/25 Page 3 of 3 PageID #: <pageID>
Continue sua pesquisa no ChatGPT ou Claude
Conecte o Omnilex para pesquisar o corpus jurídico pelo seu assistente de IA.