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U.S. v. McPherson

Compassionate Release Denied as Moot for Lack of Controversy Given Release From Custody

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OPINION AND ORDER Defendant Craig McPherson, who recently completed a 144-month term of imprisonment for conspiring to commit a Hobbs Act robbery and now is on supervised release, has moved for a reduction to his sentence under 18 U.S.C. §3582(c)(1)(A). Dkt. 120 (“Motion”). The Government opposes the motion on the grounds that McPherson has failed to show “an extraordinary or compelling reason warranting a reduction in his sentence” and that several factors under 18 U.S.C. §3553(a) counsel against such a reduction. Dkt. 126 (“Opposition”) at 4-6. For the reasons that follow, the Court dismisses McPherson’s motion without prejudice as moot. I. Background A. Factual and Procedural Background In or about April 2013, an individual proffering with the Government (the “CW”) informed law enforcement agents that McPherson’s Co-Defendant, Christopher Rollins, committed armed robberies of drug dealers. Dkt. 36 (“PSR”) 14. Law enforcement then put in motion a sting operation targeting Rollins. Id. Over the following weeks, Rollins met with the CW several times to develop a plan to rob a supposed drug dealer of what Rollins understood to be approximately 14 kilograms of heroin and 8 kilograms of cocaine. Id.

14-17. At meetings leading to the planned robbery, Rollins conveyed to the CW that he had secured multiple firearms and that he would carry out the robbery with two associates. Id.

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