United States v. Hadley

389 F. Supp. 3d 1043
CourtDistrict Court, M.D. Florida
DecidedJuly 24, 2019
DocketCase No. 6:06-cr-209-Orl-37KRS
StatusPublished
Cited by1 cases

This text of 389 F. Supp. 3d 1043 (United States v. Hadley) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Hadley, 389 F. Supp. 3d 1043 (M.D. Fla. 2019).

Opinion

ROY B. DALTON JR., United States District Judge

Before the Court is Defendant Roderick Finnmark Hadley's Motion to Reduce Sentence Pursuant to the First Step Act of 2018. (Doc. 113 ("Motion ").) Mr. Hadley was found guilty by jury trial in February 2007 of possession with intent to distribute 51.6 grams of crack cocaine under 21 U.S.C. 841(b)(1)(A)(iii) and sentenced to a mandatory minimum of life because of a Section 851 enhancement. He was also designated a career offender. Mr. Hadley was twenty-six years old when sentenced.

Now, after serving 149 months of his life sentence, Mr. Hadley moves to reduce his sentence under the newly enacted First *1044Step Act, which provides retroactive application of certain sentencing reforms in the 2010 Fair Sentencing Act. (Docs. 100, 107, 113.) The Court appointed counsel to assist Mr. Hadley (Doc. 103, Doc. 113), the United States Probation Office filed a memorandum on the First Step Act's application to Mr. Hadley (Doc. S-108), and the Government responded to the Motion (Doc. 114). The parties agree that Mr. Hadley is eligible under the First Step Act for a reduced sentence but disagree on the appropriate reduction. (Doc. S-108, p. 3; Doc. 113, p. 1; Doc. 114, pp. 3, 6-9.)

Mr. Hadley contends that the First Step Act allows the Court to exercise its discretion and reduce his sentence to time served and 8 years of supervised release as consistent with the Fair Sentencing Act's revised statutory range. (Doc. 113, pp. 3-12.) In response, the Government opposes Mr. Hadley's request for time served and instead submits that Mr. Hadley's sentence should be reduced to 360 months incarceration and 8 years supervised release. (Doc. 114, pp. 3, 6-9.) The Court heard argument where Mr. Hadley was present. (Doc. 118.)

On review, the Court finds Mr. Hadley is eligible for relief under the First Step Act, but he is not entitled to a plenary resentencing. That said, the Court can and does exercise its discretion under the First Step Act to relieve Mr. Hadley of his mandatory life sentence, and to reduce his sentence to time served as provided below.

I. BACKGROUND

A. Mr. Hadley's Conviction and Sentence

Mr. Hadley's offense stems from a controlled purchase set up by a confidential source with the Drug Enforcement Administration to buy crack cocaine from Mr. Hadley on November 6, 2006. (Doc. S-108, ¶¶ 4-9.) That afternoon, Mr. Hadley met with the source at a gas station and sold the source an amount later found to be 51.6 grams of crack cocaine. (Id. ¶¶ 8-9.) Mr. Hadley was arrested two days later (id. ¶ 10) and indicted by a grand jury on November 15, 2006 on one count of possession with intent to distribute 50 grams or more of a mixture and substance containing a detectable amount of crack cocaine in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(A)(iii) (Doc. 10).

The Government filed a 21 U.S.C. § 851 Information on January 9, 2007 identifying three previous possession of cocaine offenses that would subject Mr. Hadley to enhanced punishment if convicted, specifically a mandatory term of life imprisonment under 21 U.S.C. § 841(b)(1)(A). (Doc. 27.) Mr. Hadley proceeded to jury trial where the Government presented evidence that he possessed 51.6 grams of cocaine base. (Doc. 114, p. 2.) He was found guilty on February 2, 2007 (Doc. 47), and his sentencing took place on April 11, 2007 and June 26, 2007 before U.S. District Judge Patricia C. Fawsett (Docs. 55, 61).

Before his sentencing, the U.S. Probation Office prepared a Presentence Investigation Report ("PSR "). (Doc. S-108, pp. 9-36.) The base offense level was 32 under USSG § 2D1.1(c)(4) for offenses involving at least 50 grams but less than 150 grams of cocaine base. (Id. ¶ 15.) There were no adjustments to this base level for acceptance of responsibility, specific offense characteristics, victim related adjustments, for role in the offense, or for obstruction of justice so the total offense level remained 32. (Id. ¶¶ 16-22.) Mr. Hadley was subject to Chapter Four enhancements as a career offender based on two prior felony convictions for crimes of violence-aggravated fleeing and eluding and battery upon a law enforcement officer. (Id. ¶ 23.) So with that enhancement, and because the statutory maximum was life, Mr. Hadley's enhanced offense level became 37 under *1045USSG § 4B1.1(A). (Id. ¶¶ 23-27.) His criminal history category was VI, based on 21 points and his career offender designation. (Id. ¶¶ 52-55.) With that, his guidelines range was 360 months to life. (Id. ¶ 93.) Ultimately, the PSR concluded that based on the statutory provisions and the Section 851 enhancement, Mr. Hadley's enhanced penalty was mandatory life. (Id. ¶¶ 91-92.)

Mr. Hadley objected to the career offender designation and both the Chapter Four and Section 851 enhancements. (Id. at 35-36 (Addendum).) At sentencing, Mr. Hadley renewed these objections, and the Government presented testimony from fingerprint experts to establish that Mr. Hadley committed the offenses. (Doc. 75, pp. 16-59.) Judge Fawsett agreed with the Government (id. at 73-75), and adopted the factual statements of the PSR and its position on the career offender designation and Section 851 enhancement (id. at 82). That meant a guidelines range of 360 months to life with offense level 37 and criminal history category VI, and enhanced penalty of mandatory life with ten years supervised release. (Id. ) At argument, Mr. Hadley's counsel admitted there was "very little [he] can do at this point" because the Section 851 enhancement called for a "mandatory life sentence" over which Judge Fawsett had no discretion. (Id. at 83:23-84:4.) Judge Fawsett had also ruled Mr. Hadley qualified as a "career offender" with the two prior crimes of violence. (Id. at 84:5-8.) Mr. Hadley chose not to address Judge Fawsett (id. at 83), but Mr. Hadley's mother and girlfriend spoke (id. at 85-86).

Judge Fawsett then summarized Mr. Hadley's background and personal history. (Id. at 87-89.) She concluded her summation by addressing the advisory guideline range, noting the operation of the Section 851 enhancement:

The advisory guideline range is because of the government's request for enhancement and information, a life sentence with ten years of supervised release following that.

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389 F. Supp. 3d 1043, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-hadley-flmd-2019.