USA v. MARK et al
DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN UNITED STATES OF AMERICA, Plaintiff, v. HENRY FREEMAN, Defendant. ) ) ) ) ) Case No. 3:06-cr-0080 ) ) ) ) ) ORDER BEFORE THE COURT is the November 21, 2017 limited remand from the Third Circuit in this matter. (ECF No. 1540.) On October 1, 2007, Freeman was found guilty of conspiracy to possess cocaine with intent to distribute. Thereafter, on April 15, 2009, the sentencing judge sentenced Freeman to a term of imprisonment of 188 months to be followed by a term of supervised release of three years. On February 12, 2015, Freeman filed a motion seeking a sentence reduction pursuant to 18 U.S.C. § 3582(c)(2) based on Amendment 782 to the sentencing guidelines, which reduced the base offense level by 2 for many drug offenses. (ECF No. 1459.) Thereafter, on November 3, 2015, the Court (Gomez, J.)1 entered an order denying Freeman’s motion for a sentence reduction. (ECF No. 1471.) On April 4, 2016, Freeman filed a notice of appeal directed at the Court’s November 3, 2015 Order. …
Download the original document · Plain text (TXT) · Browse the archive · How this archive works
Original source: https://www.govinfo.gov/content/pkg/USCOURTS-vid-3_06-cr-00080/pdf/USCOURTS-vid-3_06-cr-00080-3.pdf
SHA-256 8e5084f6b10f38fa21d744c4f68b831763a30a9ba5e5d88b45405b1da4a59635
Re-using this document
two independent grounds: a work of the United States Government under 17 USC 105, AND a judicial opinion, which is an edict of government and uncopyrightable by anyone including the court that wrote it
Our description, tagging, arrangement, extracted text and machine transcripts are released under CC0 1.0. We assert nothing about the document itself.
Archive identifier LF-8e5084f6b10f
Document text
DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN UNITED STATES OF AMERICA, Plaintiff, v. HENRY FREEMAN, Defendant. ) ) ) ) ) Case No. 3:06-cr-0080 ) ) ) ) ) ORDER BEFORE THE COURT is the November 21, 2017 limited remand from the Third Circuit in this matter. (ECF No. 1540.) On October 1, 2007, Freeman was found guilty of conspiracy to possess cocaine with intent to distribute. Thereafter, on April 15, 2009, the sentencing judge sentenced Freeman to a term of imprisonment of 188 months to be followed by a term of supervised release of three years. On February 12, 2015, Freeman filed a motion seeking a sentence reduction pursuant to 18 U.S.C. § 3582(c)(2) based on Amendment 782 to the sentencing guidelines, which reduced the base offense level by 2 for many drug offenses. (ECF No. 1459.) Thereafter, on November 3, 2015, the Court (Gomez, J.)1 entered an order denying Freeman’s motion for a sentence reduction. (ECF No. 1471.) On April 4, 2016, Freeman filed a notice of appeal directed at the Court’s November 3, 2015 Order. On the same day, he also filed a “notice of delayed filing of notice of appeal.” In that filing, Freeman indicates that he did not receive notice of the Court’s November 3, 2015, order until March 21, 2016. On November 21, 2017, the Court of Appeals for the Third Circuit issued an order that remanded the appeal to this Court for two limited purposes. (ECF No. 1540.) The Third Circuit explained that it “lacks a sufficient factual basis to conclusively determine whether the time for filing an appeal is subject to tolling, and in turn, whether [it has] jurisdiction over 1 This case was assigned to the undersigned judicial officer on May 13, 2020. (ECF No. 1555.) Case: 3:06-cr-00080-RAM-RM Document #: 1556 Filed: 11/05/20 Page 1 of 2 United States v. Freeman Case No. 3:06-cr-0080 Order this appeal.” Id. at 1. As such, one of the limited purposes for which the Third Circuit remanded to this Court was “to permit the District Court to conduct fact-finding pertinent to [the Third Circuit’s] exercise of jurisdiction.” Id. at 2. To conduct this fact-finding, the Court finds it necessary to inquire of the Clerk of Court as to whether the Clerk’s Office served Freeman with the November 3, 2015 Order. The premises considered, it is hereby ORDERED that, by no later than November 10, 2020, the Clerk of Court shall file a response to this order addressing two inquiries: (1) whether the Clerk’s Office served Defendant Freeman with the November 3, 2015 Order; and (2) whether, in 2015, the docket would ordinarily reflect that a pro se incarcerated defendant was served with a copy of an order in a criminal case. Dated: November 5, 2020 /s/ Robert A. Molloy ROBERT A. MOLLOY District Judge Case: 3:06-cr-00080-RAM-RM Document #: 1556 Filed: 11/05/20 Page 2 of 2