Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Andrade

United States District Court, D. Rhode Island

June 19, 2017

UNITED STATES
v.
NAPOLEON ANDRADE

          MEMORANDUM AND ORDER

          Mary M. Lisi United States District Judge.

         Before 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.

         FACTUAL BACKGROUND AND TRAVEL

         On 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 9, 2011.

         Andrade 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, 2013.

         On 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.

         Andrade filed the instant Rule 60(b)(3) Motion on May 31, 2016.[1] On July 20, 2016, the Government filed an objection to the motion (ECF No. 76) (“Objection”)

         DISCUSSION

         Rule 60(b) provides, in relevant part:

         On 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 ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.