UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
July 29, 2008
UNITED STATES OF AMERICA,
RASUE BARNETT, DEFENDANT.
The opinion of the court was delivered by: Hon. Norman A. Mordue, Chief U.S. District Judge
MEMORANDUM DECISION AND ORDER
On June 19, 2008, the Second Circuit remanded this case pursuant to United States v. Crosby, 397 F.3d 103 (2d Cir. 2005), and United States v. Regalado, 518 F.3d 143 (2d Cir. 2008). The Second Circuit's remand in this case does not direct this Court to vacate the sentence imposed on Rasue Barnett and resentence him, but rather affords this Court the opportunity to consider whether the sentence imposed on him would be modified after considering the Regalado and Crosby decisions, both of which were issued after sentencing in this criminal matter.*fn1
On June 19, 2003, defendant-appellant Rasue Barnett was charged by a grand jury for the Northern District of New York in a single count indictment with violation of 18 U.S.C. § 1962(d) and 21 U.S.C § 846. See Indictment (Dkt. No. 1). Rasue Barnett pled guilty to this charge on February 20, 2004. See Plea Minute Entry (Dkt. No. 251). At Rasue Barnett's December 2, 2004 sentencing, this Court adopted the factual findings and recommendations of the Probation Department as stated in its Presentence Investigation Report concerning application of the United States Sentencing Guidelines to Rasue Barnett, which found that his criminal history category was VI and his total offense level was 31, thereby providing a Sentencing Guidelines range of one hundred eighty-eight to two hundred twenty-five months imprisonment. See Sentencing Minute Entry (Dkt. No. 503). The Court departed one criminal history category and sentenced defendant at the bottom of criminal history category V and a resulting range of one hundred sixty-eight to two hundred ten months. The Court then sentenced Rasue Barnett to a term of 168 months, followed by four years of supervised release. See Judgment (Dkt. No. 515)
This Court has reviewed the original judgment, the plea agreement, and the original Presentence Investigation Report. In addition, the Court has reviewed both Regalado and Crosby, and has considered all the sentencing factors listed in 18 U.S.C. § 3553(a), with the understanding that the United States Sentencing Guidelines are now advisory and that the Court has discretion to deviate from the crack Guidelines range "to mitigate the sentencing range produced by the 100-to-1 ratio." Regalado, 518 F.3d at 149. After considering the foregoing, the Court has determined that the sentence of 168 months imprisonment followed by four years of supervised release is a reasonable one in this case. The Court therefore declines to modify or change the original sentence imposed on Rasue Barnett, notwithstanding Regalado and Crosby.
Therefore, the Court affirmatively states that the sentence imposed on Rasue Barnett in this case on December 2, 2004, would still be imposed on him even after considering the principles enunciated in Regalado and Crosby.
Accordingly it is hereby
ORDERED that resentencing of Rasue Barnett in light of Regalado and Crosby is DENIED; and it is further
ORDERED that the Clerk of the Court shall serve copies of this order by regular or electronic mail on the parties to this action.
IT IS SO ORDERED.