Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Dennis

United States District Court, S.D. Alabama, Southern Division

August 20, 2019

UNITED STATES OF AMERICA,
v.
ANTOINE JERMAINE DENNIS, Defendant.

          ORDER

          KRISTI K. DuBOSE CHIEF UNITED STATES DISTRICT JUDGE

         This action is before the Court on Defendant Antoine Jermain Dennis' Motion to Modify Sentence Pursuant to First Step Act and the United States' response (docs. 53, 59). Upon consideration, and for the reasons set forth herein, the motion is DENIED.

         I. Procedural history

         Antoine Dennis was indicted in May 2006 for six counts related to the possession and distribution of crack cocaine, cocaine, and possession of a firearm. He pled guilty to Count Three which charged possession with intent to distribute approximately 34 grams of crack cocaine and Count Five which charged use, carry and possession of a firearm in relation to a drug trafficking offense.

         Dennis was sentenced on May 8, 2007. He was held accountable for crack cocaine, cocaine, and marijuana which yielded a marijuana equivalency of 1, 315.7 grams. His total offense level was 32 and with a criminal history category of V, his Sentencing Guidelines range was 188 to 235 months as to Count Three and 60 months, consecutive, as to Count Five. With a prior felony drug conviction, Dennis' statutory mandatory minimum sentence for the 34 grams of crack cocaine increased from 5 to 40 years to 10 years to life. 21 U.S.C. § 841(b)(1)(B).

         Pursuant to 18 U.S.C. § 3553(a), the Court imposed a sentence below the advisory Guidelines range and sentenced Dennis to 180 months as to Count Three. He was also sentenced to 60 months, consecutive, for the firearm, for a total term of imprisonment of 240 months.

         In 2010, Dennis moved pursuant to 18 U.S.C. § 3582(c)(2) for a reduction of sentence based on Amendment 706 to the Sentencing Guidelines.[1] His recalculated total offense level was 30 and with a criminal history category of V, his Sentencing Guidelines range was lowered to 151 to 188 months as to Count Three. The motion was granted. Dennis's sentence was reduced to a comparable below-the-Guideline sentence of 143 months as to Count Three. Dennis remained subject to the sentence of 60 months, consecutive, as to Count Five.

         In 2011, Dennis moved pursuant to 18 U.S.C. § 3582(c)(2) for a reduction of sentence based on Amendment 750 to the Sentencing Guidelines.[2] His recalculated total offense level was 26 and with a criminal history category of V, his Sentencing Guidelines range was lowered to 120 to 137 months as to Count Three.[3] The motion was granted. Dennis received a reduced sentence of 120 months as to Count Three. Dennis remained subject to the sentence of 60 months, consecutive, as to Count Five.

         In 2015, Dennis moved pursuant to 18 U.S.C. § 3582(c)(2) for a reduction of sentence based on Amendment 782 to the Sentencing Guidelines.[4] His recalculated total offense level was 24 and with a criminal history category of V, his calculated Sentencing Guidelines range was 92 to 115 months. However, the offense in Count Three carried a statutory minimum sentence of ten years. Therefore, his actual Guidelines range was 120 months.

         The Court found that Dennis was not eligible for a reduction. Pursuant to the Sentencing Guidelines Policy Statement, a reduction below the statutory minimum could be granted only if the original reduction was based upon substantial assistance under 18 U.S.C. § 3553(e). See U.S.S.G. § 1B1.10(b)(2). Since there had been no motion based upon substantial assistance, the Court lacked authority to sentence Dennis below the statutory mandatory minimum. His sentence remained 120 months as to Count Three and 60 months, consecutive, as to Count Five. On motion for reconsideration, the Court reiterated that Dennis' sentence had been reduced to the statutory minimum sentence and that no further reduction was available. His sentence remained at 180 months and his current estimated release date is June 9, 2020.

         II. Analysis

         A. Dennis' motion for relief pursuant to § 403 of the First Step Act

         Dennis moves the Court to amend his sentence and allow him to serve his sentence for Count Five concurrently with his sentence for Count Three. He argues that § 403 of the First Step Act amended 18 U.S.C. § 924(c)(1)(C) such that the Court may order his 60-month sentence for Count Five, the offense of use, carry, and possession of a firearm in relation to a drug trafficking offense, to be served concurrently with his sentence for Count Three.

         Upon consideration, his motion is denied. The First Step Act did not amend 18 U.S.C. § 924(c)(1)(C) in that manner. Additionally, and importantly, the amendments to 18 U.S.C. § 924(c)(1)(C) apply “to any offense that was committed before the date of enactment of this Act, if a sentence for the offense has not been imposed as of such date of enactment.” Pub. L. No. 115-391, § 403, 132 Stat. 5194. The Act was ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.