Legal Opinion

United States v. Smith

District Court, W.D. Virginia

Decided May 13, 2019No. Case No. 7:04-CR-0072-4PublishedCited by 1 opinion

1Opinion of the Court

Michael F. Urbanski, Chief United States District Judge

Otis Antonio Smith, represented by counsel, filed a motion to reduce his sentence pursuant to Section 404(b) of the First Step Act of 2018. ECF No. 826. He asks the court to reduce his current sentence of 262 months to 135 months, but not less than time served, which will result in his immediate release. The government asserts that Smith is ineligible for consideration of a reduction in his sentence, and in the alternative, that if he is eligible for consideration, a further reduction of his sentence is not warranted. In the event the…

2Cases cited9 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Alleyne v. United StatesSupreme Court of the United States · 2013
  3. Harris v. United StatesSupreme Court of the United States · 2002
  4. Dillon v. United StatesSupreme Court of the United States · 2010
  5. United States v. Sean Lamar Sanders, A/K/A Sean Lamont SandersCourt of Appeals for the Fourth Circuit · 2001

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3Cited by1 opinion

  1. Spotts v. United StatesDistrict Court, S.D. West Virginia · 2019

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