USA v. ROBINSON et al

1
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
UNITED STATES OF AMERICA, 	)
)
Plaintiff, 	)
)
v. 	)
)
No. 1:17-cr-00178-01-JPH-TAB
No. 1:17-cr-00144-04-JPH TAB
)
DAVON A HERRON, 	)
)
Defendant. 	)
ORDER DENYING MOTIONS TO REDUCE SENTENCE
Davon Herron has filed two motions to reduce his sentence under
Amendment 821 to the United States Sentencing Guidelines, which
retroactively lowered the sentencing guidelines calculation for some
defendants. 	No. 1:17-cr-178-01, dkt. 117; No. 1:17-cr-144-04, dkt. 292.
Under 18 U.S.C. § 3582(c), a district court "may not modify a term of
imprisonment once it has been imposed" unless an exception applies. 	See
Dillon v. United States, 560 U.S. 817, 824 (2010). 	One of those exceptions is for
"a defendant who has been sentenced to a term of imprisonment based on a
sentencing range that has subsequently been lowered by the Sentencing
Commission." 	18 U.S.C. § 3582(c)(2). 	Motions for sentence reductions under §
3582(c)(2) are evaluated in "a two-step inquiry." 	Dillon, 560 U.S. at 826–27.
First, the district court must determine whether the reduction is permissible
under the amended guidelines. 	Id. 	If that first step is satisfied, the district
court must consider "any applicable § 3553(a) factors and determine whether,
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in its discretion, the reduction . . . is warranted . . . under the particular
circumstances of the case." 	Id.
Here, Mr. Herron's motion in his -178 case seeks a reduction under
Amendment 821 Part A, which limits "status points" imposed for having
committed the offense while under a criminal justice sentence. 	Dkt. 117;
USSG §4A1.1. 	And his motion in his -144 case seeks a reduction under
Amendment 821 Part B, which decreases the offense level "for certain zero-
point offenders." 	Dkt. 292; USSG §4C1.1(a). 	The government responds that
Mr. Herron is not eligible for a reduction under either part because the
amendment does not change his guidelines range. 	No. 1:17-cr-178, dkt. 1241.
Mr. Herron did not receive any status points, No. 1:17-cr-178, dkt. 70 at
10–11, so Amendment 821 Part A does not affect his criminal history category
or resulting guidelines range, see USSG §4A1.1(e). 	And to be eligible for Part
B's zero-point offender retroactive adjustment, Mr. Herron must not have
"possess[ed] . . . a firearm or other dangerous weapon . . . in connection with
the offense." 	USSG §4C1.1(a)(7). 	However, he was "armed with a pistol" during
the offenses. 	No. 1:17-cr-144, dkt. 135 at 7–10 (stipulated factual basis). 	So
neither part of Amendment 821 changes Mr. Herron's sentencing range, and
the Court may reduce his sentence only if his "sentencing range . . . has
subsequently been lowered by the Sentencing Commission." 	18 U.S.C. §
3582(c)(2); see USSG §1B1.10(a) (same).
1 The government addressed both Part A and Part B in its response in No. 1:17-cr-178.
Dkt. 124. Mr. Herron was sentenced in both cases in a joint hearing under the same
plea agreement. See No. 1:17-cr-178, dkt. 76; No. 1:17-cr-144, dkt. 214.
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Mr. Herron also seeks a sentence reduction under Amendment 829,
which addressed when a downward departure "may be warranted due to the
defendant's youthfulness at the time of the offense or prior offense." 	No. 1:17-
cr-178, dkt. 117. 	But Amendment 829 is not retroactive, so it cannot support
a sentence reduction. 	See USSG §1B1.10(d) (listing retroactive amendments).
Mr. Herron therefore is not eligible for a sentence reduction under
Dillon's first step, and his motions are DENIED. 	No. 1:17-cr-178, dkt. [117];
No. 1:17-cr-144, dkt. [292]. 	The Clerk is directed to docket this order in both
1:17-cr-178-01-JPH-TAB and 1:17-cr-144-04-JPH-TAB.
SO ORDERED.
Distribution:
All electronically registered counsel
Davon Herron 15955-028
FCI Williamsburg
Inmate Mail
P.O. Box 340
Salters, SC 29590
Date: 12/9/2025
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