United States District Court, D. Columbia
September 30, 2015.
HAIRE, Defendant, Pro se, Montgomery, AL.
JOHN HAIRE, Defendant: Danielle Courtney Jahn, LEAD ATTORNEY,
FEDERAL PUBLIC DEFENDER FOR D.C., Washington, DC; Michael
Bhargava, LEAD ATTORNEY, CHADBOURNE & PARKE, LLP, Washington,
UNITED STATES OF AMERICA, Plaintiff: Carolyn K. Kolben, LEAD
ATTORNEY, U.S. ATTORNEY'S OFFICE, Special Proceedings,
Washington, DC; Barry Wiegand, U.S. ATTORNEY'S OFFICE,
Special Proceedings Section, Washington, DC.
C. Lamberth, United States District Judge.
the Court is defendant Haire's motion , seeking a
sentence reduction under 18 U.S.C. § 3582(c)(2) and
based upon the retroactive application of Amendment 782 to
the U.S. Sentencing Guidelines. After considering the motion,
the entire record herein, and the applicable law, the Court
will GRANT defendant Haire's motion, reducing his prison
sentence to time served effective November 1, 2015.
October 22, 2001, a jury found defendant Haire guilty of one
count of Conspiracy to Distribute and Possess with Intent to
Distribute Five Kilograms or More of Cocaine and one count of
Conspiracy to Import Five Kilograms or More of Cocaine. After
receiving a sentencing enhancement for possessing a dangerous
weapon in connection with the offense, Judge James Robertson
sentenced defendant Haire to
240 months, with credit for time served, in federal prison
beginning January 25, 2002.
April 30, 2014, the U.S. Sentencing Commission submitted to
Congress Amendment 782 of the U.S. Sentencing Guidelines,
proposing a downward revision to the applicable sentencing
ranges for drug trafficking offenses. The Commission then
passed Amendment 788 to allow Amendment 782's revisions
to be applied retroactively. On November 1, 2014, Amendment
782 and its retroactive application became effective;
however, the Commission has required that any sentence
reduction based on these amendments not take effect until
November 1, 2015.
grant a motion for a sentence reduction under 18 U.S.C.
§ 3582(c)(2), two conditions must be separately met: the
prisoner must be eligible for the requested reduction and
early release must be " warranted." Dillon v.
United States, 560 U.S. 817, 827, 130 S.Ct. 2683, 177
L.Ed.2d 271 (2010). In this case, Amendment 782's
retroactive application makes defendant Haire eligible for
early release, clearing the statute's first hurdle and
authorizing his release as soon as November 1, 2015.
addition to his eligibility, defendant Haire's reduced
sentence is also warranted. In determining if a sentence
reduction is warranted, § 3582(c)(2) instructs courts to
consider the applicable 18 U.S.C. § 3553(a) factors.
Id. at 827. The first § 3553(a) factor, the
" nature and circumstances of the offense and the
history and characteristics of the defendant" has a
mixed impact on this inquiry. 18 U.S.C. § 3553(a)(1). On
one hand, defendant Haire on his own initiative traveled
abroad to procure and import kilograms of cocaine. PSR ¶
¶ 7-9, Jan. 7, 2002. Moreover, guns were used in
connection with the underlying crime, which resulted in a
two-level sentence enhancement. Needless to say, these two
facts weigh against a finding that early release is
warranted. On the other hand, " no role adjustments
[were] warranted," meaning defendant Haire did not
manage or supervise ...