UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

UNITED STATES OF AMERICA, 

Plaintiff,

v.

D-1 THOMAS ROBINSON,

Defendant. 

________________________________/

CASE NO. 08-20537-1

SENIOR U.S. DISTRICT JUDGE

ARTHUR J. TARNOW

ORDER FINDING DEFENDANT’S MOTION TO VACATE SENTENCE [165] MOOT

AND GRANTING DEFENDANT’S MOTION FOR REDUCTION OF SENTENCE [168]

Before the Court is Defendant Robinson’s Motion to Vacate Sentence Under 28 U.S.C. §

2255 [165], and Defendant’s Motion for Reduction of Sentence Pursuant to the Fair Sentencing

Act and the 2011 Crack Guideline Amendments [168].

For the reasons stated below, Defendant’s Motion to Vacate [165] is found MOOT, and

Defendant’s Motion for Reduction of Sentence [168] is GRANTED. Defendant Robinson will be

resentenced pursuant to this order.

Procedural History

On April 28, 2010, a Plea Agreement [85] was filed in which Defendant pleaded guilty to

Counts 1 and 7 of the Indictment [1]. Count 1 charged violation of 21 U.S.C. § 841(a)(1) and 21

U.S.C. § 846, Conspiracy to Distribute Controlled Substances, in the amount of 73.02 grams of

crack cocaine. Count 7 charged violation of 21 USC § 841(a)(1), Distribution of a Controlled

Substance, in the amount of 8.36 grams of crack cocaine. 

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This Court held a sentencing hearing on July 26, 2010. The Plea Agreement [85]

established that Defendant’s sentencing guideline range was 135-168 months based on an offense

level of thirty-three and a criminal history category of I. At the time of Defendant’s sentencing,

Count 1 required a mandatory minimum sentence of ten years, and Count 7 held a mandatory

minimum sentences of five years. This Court imposed both minimum sentences, to be served

concurrently, in a Judgment [97] filed on August 3, 2010.

Defendant filed its Motion to Vacate [165] on May 23, 2013, and its Motion for Reduction

of Sentence [168] on May 28, 2013.

Analysis

Defendant now seeks retroactive application of the Fair Sentencing Act of 2010, and a

reduction in his sentence pursuant to 18 U.S.C. § 3582(c)(2) and U.S.S.G. § 1.B1.10.

The Fair Sentencing Act of 2010 reduced sentences for crack cocaine related drug offenses,

including the mandatory minimum sentences imposed in this case. See 21 U.S.C. § 841(b)

(increasing the amount of crack from 50 grams to 280 grams to trigger the 10-year mandatory

minimum and from 5 grams to 28 grams to trigger the five-year mandatory minimum). The Sixth

Circuit Court has recently held that this reduction must be applied retroactively to all defendants,

including those defendants sentenced before the passage of the Act. See United States v. Cornelius

Demorris Blewett 12-5226 & Jarreous Jamone Blewett 12-5582, __F.3d__ , 2013 U.S. App.

LEXIS 9889, at *3 (6th Cir. 2013)(petition pending for en banc review). The Sixth Circuit Court

specifically rejected the Government’s objection that § 3582(c)(2) prohibits the courts from

altering a mandatory minimum sentence. The court in Blewett held that “[t]he statutory minimums

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have been reduced and incorporated into the guidelines by the Sentencing Commission. The old,

repealed discriminatory minimums are no longer a part ‘of the operation of’ the sentencing system.

They should not be used to foreclose ‘lowering the defendant's applicable guideline range.’ Id. at

30 (citing 18 U.S.C. § 3582(c)(2)).

It should be noted that this Court has already granted resentencing in the case of coDefendant Cedarrius Frost, who was charged with and pled guilty to an identical count of

conspiracy to distribute. This Court granted resentencing based upon the Supreme Court’s ruling

in Dorsey. The Fair Sentencing Act took effect on August 3, 2010. Based on this date, the Court

in Dorsey held that the Fair Sentencing Act applied to “those offenders whose crimes preceded

August 3, 2010, but who are sentenced after that date.” Dorsey v. United States, 132 S. Ct. 2321,

2331 (U.S. 2012). Because co-Defendant Cedarrius Frost was sentenced on August 20, 2010, the

Fair Sentencing Act may be applied to modify his sentence. The difference between co-Defendant

Cedarrius Frost and the instant case is that Defendant Cecil Frost was sentenced prior to August

3, 2010. The Sixth Circuit Court’s ruling in Blewett cures this unjust outcome.

Therefore, the revised mandatory minimum sentences of the Fair Sentencing Act must be

retroactively applied in this case. 

Conclusion

For the reasons state above, Defendant’s Motion for Reduction of Sentence [168] is

GRANTED. Because Defendant’s Motion to Vacate Sentence [165] requests similar relief as that

relief now granted under the Motion for Reduction of Sentence [168], the Motion to Vacate [165]

is MOOT.

Therefore,

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IT IS HEREBY ORDERED that Defendant’s Motion for Sentence Reduction [168] is

GRANTED. Pursuant to this order, Defendant will be resentenced on July 15, 2013 at 2:30 p.m.

IT IS FURTHER ORDERED that Defendant’s Motion to Vacate [165] is MOOT.

SO ORDERED.

s/Arthur J. Tarnow

ARTHUR J. TARNOW

SENIOR UNITED STATES DISTRICT JUDGE

Dated: June 13, 2013

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