Opinion
CRIMINAL 19-00175 (NLH)
12-26-2023
UNITED STATES OF AMERICA v. MIJUANA DANIELS Defendant.
Mijuana Daniels 72438-050 United States Penitentiary-Hazelton Defendant appearing Pro Se Jeffrey Brian Bender Office of the U.S. Attorney, Martha Kathleen Nye DOJ-USAO Representing Respondent United States of America
Mijuana Daniels 72438-050 United States Penitentiary-Hazelton Defendant appearing Pro Se
Jeffrey Brian Bender Office of the U.S. Attorney, Martha Kathleen Nye DOJ-USAO Representing Respondent United States of America
MEMORANDUM OPINION AND ORDER
NOEL L. HILLMAN, U.S.D.J.
WHEREAS, on November 30, 2021, this Court sentenced Defendant Mijuana Daniels to a term of sixty (60) months' imprisonment, followed by three (3) years' supervised release after Daniels pleaded guilty to one count of Felon in Possession of a Firearm, 18 U.S.C. § 922(g)(1); and
WHEREAS, final judgment was formally entered on December 3, 2021 (ECF No. 47); and
WHEREAS, Daniels filed a Notice of Appeal on December 15, 2021 (ECF No. 49), a decision on which is still pending before the Third Circuit Court of Appeals; and
WHEREAS, on March 17, 2023, Daniels filed the instant Motion for Reduction of Sentence under 18 U.S.C. § 3582 (c)(1)(A) (ECF No. 55); and
WHEREAS, the Court notes that effective November 1, 2023 -after the Defendant had filed his motion and it was briefed by both parties - the United States Sentencing Commission issued a revised and broadened Policy Statement to guide sentencing courts in considering motions for compassionate release under 18 U.S.C. § 3582 (c)(1)(A); and
WHEREAS, upon Daniels' filing of a Notice of Appeal, this Court was divested of jurisdiction to rule on his § 3582 Motion. See United States v. Alston, Criminal Action No. 19-158, 2020 U.S. Dist. LEXIS 148084, at *4 (D.N.J. Aug. 17, 2020) (“Defendant's appeal deprives this Court of jurisdiction over any matter relating to his sentence, including the instant request for compassionate release.”) (citing United States v. Davis, 924 F.2d 501, 504 (3d Cir. 1991) (noting that a district court lacks jurisdiction to change a sentence after a notice of appeal is filed).); and
WHEREAS, “[u]nder Federal Rule of Criminal Procedure 37(a), this Court may therefore (1) defer consideration of Defendant's motion, (2) deny his motion, or (3) ‘state either that it would grant the motion if the court of appeals remands for that purpose or that the motion raises a substantial issue.'” Id.;
THEREFORE, having considered the procedural posture of this matter in conjunction with the pending motion, IT IS on this 26th day of December, 2023, ORDERED that within twenty (20) days of this Order, the parties shall SHOW CAUSE in writing as to why Defendant's Motion for Reduction of Sentence under 18 U.S.C. § 3582 (ECF No. 55) should not be denied without prejudice to refile upon conclusion of his appeal; it is further
In the event this Court finds cause to deny the instant Motion without prejudice and Daniels ultimately decides to refile upon conclusion of the appellate process, both he and the government shall address in their briefing the recently implemented Amendments to Policy Statement § 1B1.13 regarding compassionate relief noted above. See U.S. Sentencing Commission, “Adopted Amendments,” Apr. 27, 2023, available at https://www.ussc.gov/guidelines/amendments/adopted-amendments-effective-november-1-2023.
ORDERED that a copy of this Order be sent to Defendant Daniels by regular mail to his address on the Docket.