United States District Court, N.D. Illinois, Eastern Division
MEMORANDUM OPINION AND ORDER
D. LEINENWEBER, JUDGE
Terry Young brings a Motion for Relief Under the First Step
Act (Dkt. No. 1164). For the reasons stated herein, the
Motion is granted. Young shall be immediately released from
custody. His five-year period of supervised release shall
Terry Young's incarceration is the result of his
obtaining and distributing drugs for the Traveling Vice Lords
gang. On April 13, 1998, a jury convicted Young of three
offenses: (1) conspiracy to possess with intent to deliver
narcotics in violation of 21 U.S.C. §§ 846,
841(a)(1) ("Count One"); (2) possession with intent
to deliver narcotics in violation of 21 U.S.C. § 841(a)
(1) ("Count Two"); and (3) money laundering in
violation of 18 U.S.C. § 1956(a)(1)(B)(i) ("Count
Fourteen"). The jury did not return a special verdict
with respect to the quantity of drugs involved in Counts One
and Two. The sentencing court originally sentenced Young to
life in prison on Counts One and Two, and 240 months'
imprisonment on Count Fourteen, to run concurrently. (See
Aug. 8, 2005, Am. Crim. J. at 7, Dkt. No. 1000.) On remand
from the Seventh Circuit, United States v. Mansoori,
304 F.3d 635 (7th Cir. 2002), the sentencing court reduced
Young's sentence on Count Two from life to 20 years'
imprisonment, while keeping intact the life term on Count One
and 240 months on Count Fourteen. (See Aug. 8, 2005, Am.
Crim. J.). Young's sentences are set to run concurrently,
with a five-year period of supervised release to follow.
2014, the Executive Committee transferred Young and his
co-defendants' criminal cases to this Court. In 2016,
Young and the Government jointly moved to reduce his sentence
on Count One from life to 360 months, pursuant to 18 U.S.C.
§ 3582(c)(2). (See Joint Mot. to Reduce Sentence, Dkt.
No. 1101.) This Court granted that motion, leaving the other
conditions of Young's sentencing intact. (See §
3582(c)(2) Order, Dkt. No. 1107.) Young has been in federal
custody for nearly 23 years, and therefore has finished
serving his concurrent 20-year sentence on Count Two and his
240-month sentence on Count Fourteen. All that remains is his
360-month sentence on conspiracy to possess with the intent
to deliver narcotics.
now moves to reduce his sentence pursuant to the First Step
Act, Pub. L. No. 115-391, 132 Stat. 5194 (2018). Young
requests that the Court reduce his sentence to time served.
The Court granted a similar motion from one of Young's
co-defendant's on December 9, 2019. United States v.
Mansoori, No. 97 CR 63-9, 2019 WL 6700166, at *1 (N.D.
111. Dec. 9, 2019).
2010, Congress passed the Fair Sentencing Act, which reduced
sentencing disparities between offenses involving crack and
powder cocaine. Pub. L. No. 111-220, 124 Stat. 2372 (2010).
The First Step Act effectively makes certain provisions of
the Fair Sentencing Act retroactive, though relief under the
First Step Act is discretionary. Pub. L. No. 115-391 §
404(c). The First Step Act limits eligibility to
"covered offenses"-that is, a violation of a
federal criminal statute, the statutory penalties for which
were modified by section 2 or 3 of the Fair Sentencing Act of
2010, that was committed before August 3, 2010. See
Pub. L. No. 115-391 § 404. The Fair Sentencing Act
raised the amount of crack cocaine that triggered certain
statutory minimums from 50 grams to 280 grams. 21 U.S.C.
§ 841(b)(1)(A) (2019).
the Government asserts that because this Court previously
reduced Young's sentence pursuant to 18 U.S.C. §
3582(c)(2), Young is not eligible for First Step Act Relief.
Section 404(c) of the First Step Act states:
No court shall entertain a motion made under this section to
reduce a sentence if the sentence was previously imposed or
previously reduced in accordance with the amendments made by
sections 2 and 3 of the Fair Sentencing Act of 2010...
No. 115-391 § 404(c). Section 2 of the Fair Sentencing
Act amended 21 U.S.C. § 841 by increasing the amount of
cocaine base ("crack" cocaine) that triggers
mandatory minimums. Pub. L. No. 111-220 § 2. Section 3
amended 21 U.S.C. § 844(a) by eliminating the mandatory
minimum sentence for simple possession of crack cocaine. Pub.
L. No. 111-220 § 3. The Government argues that
Young's § 3582(c)(2) Count One sentence reduction
was "consistent with" Sections 2 and 3 of the Fair
Sentencing Act, therefore he is ineligible for First Step Act
U.S.C. § 3582(c)(2) allows a court to reduce a term of
imprisonment when a defendant has been sentenced to a term of
imprisonment based on a sentencing range that was
subsequently lowered by the Sentencing Commission. 18 U.S.C.
§ 3582(c) (2); see also Dillon v. United
States,560 U.S. 817, 819 (2010). The Government and
Young jointly moved for, and the Court granted, a §