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United States v. Cannon

United States District Court, E.D. Michigan, Southern Division

July 2, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
DWAYNE ANTHONY CANNON, Defendant.

          OPINION AND ORDER DENYING DEFENDANT'S MOTION FOR SENTENCE REDUCTION PURSUANT TO THE FIRST STEP ACT

          BERNARD A. FRIEDMAN SENIOR UNITED STATES DISTRICT JUDGE

         This matter is presently before the Court on defendant's motion for sentence reduction pursuant to the First Step Act of 2018 [docket entry 51]. The government has filed a response in opposition, and defendant has replied. Pursuant to E.D. Mich. 7.1(f)(2), the Court shall decide this motion without a hearing.

         In December 2004, defendant was named in a three-count indictment. Count One charged him with “possess[ion] with intent to distribute 5 or more grams of cocaine base in the form of crack, ” in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B). This count further alleged that defendant “committed this offense after prior convictions in Genesee County Circuit Court for felony drug offenses had become final; that is, a 1993 conviction for Possession with Intent to Deliver Cocaine and a 1999 conviction for Possession of Cocaine.”

         Count Two charged defendant with being a felon in possession of firearms, in violation of 18 U.S.C. §§ 922(g) and 924(a)(2). This count alleged that defendant possessed a pistol and a revolver after “having been convicted in Genesee County Circuit Court in the State of Michigan in 1993 of Possession with Intent to Deliver Cocaine, in 1999 of Possession of Cocaine, and in 2000 of Prison Escape.”

         Count Three charged defendant with possession of firearms in furtherance of drug trafficking crime, in violation of 18 U.S.C. § 924(c), based on the allegation that he possessed the two firearms alleged in Count Two “in furtherance of the drug trafficking crime of possession with intent to distribute cocaine as described in count one.”

         The indictment also contained the following paragraph:

ALLEGATIONS PERTAINING TO THE UNITED STATES SENTENCING GUIDELINES (USSG)
It is further alleged that as to count one of this indictment, the defendant is responsible for at least 35 grams of cocaine base resulting in a base offense level of 30 under USSG §§ 2D1.1(c)(5) and 1B1.3; and that [defendant] possessed dangerous weapons, specifically firearms, within the meaning of USSG § 2D1.1(b)(1).
Two days after the indictment was returned, the government filed the following document entitled “Penalty Enhancement Information”:
Notice is hereby given that in the event of conviction the defendant is facing the following penalties due to his 1993 felony drug conviction for possession with intent to deliver cocaine and 1999 felony drug offense conviction for possession of cocaine, both in Genesee County Circuit Court in the State of Michigan:
As to count one, mandatory imprisonment for 10 years to life followed by a supervised release term of at least 8 years and a fine of up to $2, 000, 000.
As to count two, imprisonment for up to 10 years followed by a supervised release term of up to 3 years and a fine of up to $250, 000.
As to count three, imprisonment for a mandatory term of 5 years consecutive to any other sentence followed by a supervised release term of up to three years, no ...

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