IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

UNITED STATES OF AMERICA

vs. CASE NO. 4:99cr22-RH 

CHARLES WILLIAMS

_________________________________/

MOTION TO CORRECT SENTENCE PURSUANT

TO 28 § U.S.C. 2255

CHARLES WILLIAMS, Defendant, pursuant to 18 § U.S.C. 2255, moves this Court to

correct the sentence imposed on him by this Court on September 1, 1999. The grounds in support

of this motion are as follows.

1. The Court has appointed the Office of the Federal Public Defender to represent Defendant

Charles Williams in this cause, Doc. 255.

2. When Mr. Williams was sentenced in 1999, under the law of the circuit as it existed at that

time, carrying a concealed weapon was a "crime of violence" within the meaning ofthe career

offender statute and guideline. But the law has changed. See Begay v. United States, --- U.S.

---, 128 S. Ct. 1581, 170 L. Ed. 2d 490 (2008); United States v. Archer, 531 F.3d 1347 (11th

Cir. 2008).

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3. Mr. Williams was considered a career offender, in part, because he had been previously

convicted of carrying a concealed firearm, inLeonCountyCircuit Court case, R93-3544, and

also, the same charge, in Leon County Circuit Court case R93-3777. Without these two

convictions, he would not have been subject to Chapter 4 enhancements, under the United

States Sentencing Guidelines, and his resulting offense level would have been 29, rather than

34. His guideline imprisonment range would have been 151- 188 months, rather than 262-327

months.

4. The United States Attorney filed a motion under section 5K1.1 on Mr. Williams behalf, and

on September 1, 1999, thisCourt committed Mr. Williamsto the custody ofthe United States

Bureau of Prisons for a term of 150 months of imprisonment . 

5. If the law in 1999, had been as it is today, Mr. Williams’ guideline range would have been

151 to 188 months and this Honorable Court may have determined that the resultant sentence

would have been less than the 150 months imposed.

6. Assistant United States Attorney Leah Butler advises her office takes no position at thistime

because they are evaluating the issue in light of the 11th Circuit's recent decision in

Hunter v. U.S., --- F.3d ----, 2009 WL 453464, (11th Cir.2009).

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WHEREFORE, CHARLES WILLIAMS requests this Court to reduce his sentence to the

extent that it reflects roughly the same recognition for his assistance as was imposed originally.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been forwarded by

electronic delivery to the office of the Assistant United States Attorney, Leah Ann Butler, 21 East

Garden Street, Suite 400, Pensacola, Florida 32502 , this April 9, 2009.

Respectfully submitted, 

RANDOLPH P. MURRELL 

Federal Public Defender 

s/William R. Clark, Jr. 

William R. Clark Jr. 

Assistant Federal Public Defender 

Fla. Bar No. 592897 

227 N. Bronough Street, Suite 4200 

Tallahassee, Florida 32301 

(850) 942-8818 

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