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United States v. Gardner

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


April 14, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ALBERT L. GARDNER, DEFENDANT.

The opinion of the court was delivered by: Herndon, Chief Judge

MEMORANDUM & ORDER

Defendant Albert L. Gardner filed two pro se Motions for Retroactive Application of Sentencing Guidelines to Crack Cocaine Offense, pursuant to 18 U.S.C. § 3582 (Docs. 568 & 573), as well as a pro se Motion For Emergency Bond (Doc. 569). Administrative Order No. 102*fn1 was issued in this case (Doc. 570) and the Office of the Federal Public Defender ("FPD") for the Southern District of Illinois was appointed to represent Defendant in this matter for the purposes of determining whether a reduction of sentence pursuant to 18 U.S.C. § 3582 was appropriate.

Before the Court is the FPD's Motion to Withdraw (Doc. 609), on the basis that the FPD can make no non-frivolous arguments in support of a reduction pursuant to 18 U.S.C. § 3582(c). See Anders v. California, 386 U.S. 738, 744 (1967) . The Court allowed Defendant time to file a response. To date, no response has been filed. The FPD has determined, after review of Defendant's case, that he is ineligible for a § 3582 sentence reduction. However, the Court notes that Defendant was released from the custody of the U.S. Bureau of Prisons last year. Thus, Defendant's the pending motion for a reduction in sentence is moot, because he has already served his original prison sentence. See United States v. Forman, 553 F.3d 585, 589 (7th Cir.), cert. denied, 129 S.Ct. 1924 (2009).*fn2

The Court therefore GRANTS counsel's Motion to Withdraw (Doc. 609) and thus DISMISSES as moot Defendant's pro se Motions for Retroactive Application of Sentencing Guidelines to Crack Cocaine Offense, pursuant to 18 U.S.C. § 3582 (Docs. 568 & 573), and DENIES as moot his pro se Motion For Emergency Bond (Doc. 569). The Clerk is DIRECTED to mail a copy of this Order via U.S. mail to defendant Albert L. Gardner's last known address.

IT IS SO ORDERED.

David R Herndon Chief Judge United States District Court


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