United States District Court, D. Rhode Island
MEMORANDUM AND ORDER
M. Lisi United States District Judge.
the Court is a Federal Rule of Civil Procedure 60(b)(3)
motion (ECF No. 74) (“Motion”) filed by Defendant
Napoleon Andrade (“Andrade”). For the reasons
that follow, the Motion is DENIED.
BACKGROUND AND TRAVEL
April 12, 2010, a Grand Jury sitting in the District of Rhode
Island indicted Andrade on a single count of attempt to
possess with intent to distribute cocaine base, in violation
of 21 U.S.C. §§ 841(a)(1) and (b(1)(A) and 846. He
was arrested and arraigned on the Indictment two days later.
Andrade pled guilty pursuant to a written Plea Agreement on
August 3, 2011. He was sentenced on November 3, 2011, to 120
months imprisonment, followed by five years of supervised
release. In addition, a fine of $10, 000 and a special
assessment of $100 were imposed. Judgment entered on November
appealed his sentence, despite having waived his right to do
so pursuant to the Plea Agreement. The Court of Appeals for
the First Circuit found the appeal waiver to be valid and, in
a decision entered on March 6, 2013, affirmed Andrade's
sentence. The First Circuit's Mandate issued on March 28,
March 16, 2015, Andrade filed a motion pursuant to 18 U.S.C.
§ 3582 to reduce his sentence based on the 2014 drug
guidelines amendment (Amendment 782) to the United States
Sentencing Guidelines. His § 3582 motion was granted on
September 22, 2015, and his sentence was reduced to 100
months imprisonment. All other provisions of the November 9,
2011, Judgment remained the same.
filed the instant Rule 60(b)(3) Motion on May 31,
2016. On July 20, 2016, the Government filed an
objection to the motion (ECF No. 76)
60(b) provides, in relevant part:
motion and just terms, the court may relieve a party or its
legal representative from a final judgment, order, or
proceeding for the following reasons:
(1) mistake, inadvertence, surprise, or excusable neglect;
(2) newly discovered evidence that, with reasonable
diligence, could not have been discovered in time to move for
a new trial under Rule 59(b);
(3) fraud (whether previously called intrinsic or extrinsic),
misrepresentation, or misconduct ...