United States District Court, M.D. Alabama, Northern Division
MEMORANDUM OPINION AND ORDER
Harold Albritton Senior United States District Judge
Marcus A. Jenkins filed a Motion to Reduce Sentence Pursuant
to 18 U.S.C. § 3582(c)(2). See Doc. 826.
Pursuant to 28 U.S.C. § 636(b)(1) this matter was
originally referred to the United States Magistrate Judge for
development of the issues related to the motion. See
Doc. 827. The United States filed its response on October 19,
2016. See Docs. 829-831. Jenkins had the opportunity
to file a reply on or before November 9, 2016. See
Doc. 832. To date, no reply has been filed.
29, 2008, Defendant Jenkins was charged in a seven-count
indictment See Doc. 1. A grand jury returned a
fifty-two count superseding indictment on June 20, 2008
naming Jenkins and other co-defendants. See Soc. 8.
Defendant Jenkins entered into a plea agreement October 3,
2008. See Doc. 308. By pleading guilty to Count 1 of
the Superseding Indictment, the remaining counts of the
Superseding Indictment were dismissed. Id.
the plea agreement, Defendant Jenkins agreed to the
a. To plead guilty to Count 1 of the Superseding Indictment.
b. Not commit any State, local or federal offenses.
c. At sentencing, defendant specifically agrees to waive any
and all arguments pursuant to Kimbro v. United
States and/or United States v. Booker regarding
sentencing disparity between cocaine base (or
“crack”) and powder cocaine. In short, the
defendant specifically agrees to be sentenced pursuant to the
United States Sentencing Guidelines.
d. To forfeit any and all contraband including firearms and
elicit assets derived from criminal activity during the
course of this conspiracy.
e. Comply with the Cooperation Agreement.
See Doc. 308.
Jenkins agreed to fully cooperate and testify against others
when called upon to do so by law enforcement officers and
attorneys for the United States. Id. In addition,
the Defendant waived his right to appeal his sentencing
pursuant to 18 U.S.C. § 3742. Id.
clear guidance exists as to whether Jenkins' motion
should be analyzed under 18 U.S.C. § 3582(c) or treated
as a motion for relief under 28 U.S.C. § 2255.
See Doc. 832. Under 18 U.S.C. § 3582(c), the
Motion to Reduce Sentence fails because Amendment 794 is not