SAMARITAN NEWSLETTER – 05-05-2025

Satellite Law Office of Tom Norrid

SAMARITAN PROJECTS LLC 

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The SAMARITAN-PROJECT prepares post-conviction and compassionate release motions under the direction of Attorney Tom Norrid. The Project retrieves documents at reasonable prices. The Project newsletter reports every winning published district court and court of appeals case for the week in review.

CR.RIS/DISPARITY/STACKING/YOUTH/GANG DROPOUT/USSG 1B1.13(b)(6). The Northern District of Oklahoma granted a CR.RIS motion in United States v. Wright, 2025 U.S. Dist. LEXIS 78767 (N.D. Okla. Apr. 25, 2025). Wright stated the combined force of his age at the time of the crimes (21-years old), the unusual length of his sentence (471 months), the extreme disparity between the mandatory sentence he received for his second 924(c) conviction (300 months) and the sentence he likely would receive for the second 924(c) conviction under current law (84-months), and his completion of the National Gang Unit Drop-Out Program provides an extraordinary and compelling reason to reduce his sentence. The Court agreed. The court rejected the Government's argument that USSG 1B1.13(b)(6) is invalid. Wright's disciplinary record demonstrated he continues to struggle with anger management by assaulting and fighting with other inmates, most recently on April 1, 2025, while the instant motion was pending. Wright has consistently committed serious and violent disciplinary infractions, from possessing a dangerous weapon to assaulting staff and another inmate. He has refused to participate in needed rehabilitation. In light of his criminal and disciplinary history, the BOP classifies Wright as at high risk of recidivism. The Court found and concluded that only limited relief was warranted and reduced Wright's count four sentence from 300 months to 240 months resulting in a total reduced sentence of 411 months which will maintain a sentence that is "sufficient, but not greater than necessary" to comply with the sentencing purposes set forth in 3553(a).

CR.RIS/MEDICAL. The Eastern District of California granted a CR.RIS motion in United States v. Gober, 2025 U.S. Dist. LEXIS 80457 (E.D. Calif. Apr. 28, 2025). Defendant pled guilty to one count of health care fraud in violation of 18 USC 1347 and one count of aggravated identity theft in violation of 18 USC 1028A(a)(1). The Court sentenced defendant to 46-months. Gober has a history of cancer, was diagnosed with Lynch Syndrome, and has a 10-centimeter tumor in his rectum, returning as colorectal cancer. Defendant stated after BOP medical staff indicated he needed a colonoscopy, it took the medical staff over five and a half months to get him the needed procedure. The Court found Gober's severe medical condition, supported by medical records, presented extraordinary and compelling reasons for compassionate release. Sentence reduced to time served.

CR.RIS/DISPARITY. The Middle District of North Carolina granted a CR.RIS motion in United States v. Slade, 2025 U.S. Dist. LEXIS 79750 (M.D. N.C. Apr. 28, 2025). Defendant pled guilty to one count of possession of a firearm in furtherance of a drug trafficking crime in violation of 18 USC 924(c)(1)(A)(i), and he was classified a career offender. He was sentenced to 292 months. Defendant is 52 years old with a projected release date of September 7, 2028, and he argued he should be granted compassionate release because one of the convictions relied upon to support his career offender enhancement would no longer qualify as a predicate offense. The court addressed defendant's argument advocating for a reduction in sentence based on an intervening change in the law that would impact his status as a career offender. The Fourth Circuit held such an argument was not an attack on the validity of the sentence but an argument for compassionate release and appropriately raised under 3582. The presentence report relied on defendant's 1998 and 2003 convictions for felony possession with intent to sell and deliver marijuana to support his career offender status under USSG 4B1.1(c). Defendant asserted his 1998 conviction for felony possession with intent to sell and deliver marijuana was punishable by a maximum of 12 months and argued he could not have been sentenced to more than 12 months the conviction would not qualify as a predicate offense under 4B1.1. Section 4B1.2 provides the definitions applicable to 4B1.1 and states that "[t]he term 'controlled substance offense' means an offense under federal or state law, punishable by imprisonment for a term exceeding one year . . ." USSG 4B1.2. Sentence reduced to time served.

APPEAL/1983/EIGHTH AMENDMENT. The Fifth Circuit vacated and remanded Mark Ricks v. Khan, 2025 U.S. App. LEXIS 9945 (5th Cir. Apr. 25, 2025). Ricks is a Texas state prisoner who filed a pro se lawsuit under 42 USC 1983 against employees of the University of Texas Medical Branch alleging violations of his Eighth Amendment rights. Ricks claims he was denied treatment for chronic hepatitis C virus based on nonmedical reasons and the TDCJ HCV Policy was the driving force behind this unconstitutional denial of treatment. The Southern District of Texas granted defendants' motion to dismiss Ricks's complaint for failure to state a claim, concluding that his allegations did not support a claim for deliberate indifference. The Fifth Circuit found the district court erred in dismissing Ricks's complaint without allowing him an opportunity to amend his pleadings. The appellate court held Ricks's allegations could potentially raise a viable claim of deliberate indifference. The court found the district court abused its discretion in denying Ricks's motion for appointment of counsel. The Fifth Circuit vacated the district court's orders. The case was remanded with instructions for the district court to allow Ricks to amend his pleadings and to appoint counsel to represent him.

APPEAL/RESENTENCE. The Sixth Circuit vacated and remanded United States v. Jeremy Mooney, 2025 U.S. App. LEXIS 9936 (6th Cir. Apr. 25, 2025). Jeremy Mooney was convicted of two counts of depriving an inmate of his civil rights under color of law, in violation of 18 USC 242. Mooney pepper sprayed and punched Friend multiple times while Friend was restrained in a chair. The Southern District of Ohio denied Mooney’s motion to dismiss the indictment which argued the Government destroyed exculpatory video evidence. The Sixth Circuit vacated Mooney’s sentence and remanded for further proceedings regarding the obstruction of justice enhancement. The court found the district court failed to make specific findings necessary to establish perjury as required for the enhancement. The case was sent back to the district court to either resentence Mooney or make the required factual findings.

APPEAL/ACCA/ERLINGER. The Eleventh Circuit vacated and remanded United States v. Davion Rivers, 2025 U.S. App. LEXIS 9969 (11th Cir. Apr. 25, 2025). Rivers was convicted of possessing a firearm as a convicted felon and sentenced to 188 months in prison. Rivers argued the district court erred in sentencing him under the Armed Career Criminal Act (ACCA) without a jury determining whether his prior offenses occurred on different occasions. The district court applied the ACCA enhancement based on defendant’s prior drug offenses, finding that they occurred on different occasions. The Eleventh Circuit vacated the sentence under the ACCA, citing the Supreme Court's decision in Erlinger v. United States, which requires that a jury, not a judge, must determine whether prior offenses occurred on different occasions. The case was remanded for resentencing consistent with the Supreme Court's ruling in Erlinger.

APPEAL/RESENTENCE. The Third Circuit vacated and remanded United States v. David Payo, 2025 U.S. App. LEXIS 10078 (3d Cir. Apr. 27, 2025). Payo pled guilty to two bank robberies in 2017. The District Court applied career-offender enhancement based on three prior robbery convictions in Pennsylvania. Payo argued the 2008 and 2010 convictions did not involve crimes of violence, but the district court disagreed, relying on a state-court docket sheet and an argument not advanced by the Government. The Western District of Pennsylvania held Payo's 2008 conviction was under 3701(a)(1)(ii) and his 2010 conviction was under 3701(a)(1)(iv) which qualifies as a crime of violence under the enumerated-offenses clause. Payo argued the district court improperly relied on a non-Shepard document (the docket sheet) and advanced an argument the Government had not made. The Third Circuit found the district court erred in relying on the state-court docket sheet which was not a Shepard document, and advancing an argument the Government had not made regarding the 2010 conviction. The Third Circuit vacated Payo's sentence and remanded for further proceedings instructing the district court to determine whether Payo's 2008 conviction was under 3701(a)(1)(i) or (ii) using only the Shepard documents produced by the Government initially. If the conviction was under subsection (ii), the enhancement stands; otherwise, it does not.

APPEAL/F.R.EVID. 404(b). The Eleventh Circuit vacated and remanded United States v. Eugene Reid, 2025 U.S. App. LEXIS 10302 (11th Cir. Apr. 29, 2025). Reid appealed his convictions and 288-month sentence for distributing and transporting child pornography. Reid argued his convictions should be vacated because the district court abused its discretion in admitting evidence of similar uncharged conduct under Federal Rule of Evidence 404(b). He contended the court erred at sentencing in applying a five-level enhancement for distribution of child pornography in exchange for non-pecuniary consideration, USSG 2G2.2(b)(3)(B), and failing to orally pronounce the discretionary conditions of his supervised release. The court affirmed Reid’s convictions, but vacated and remanded for resentencing.