USA v. Ly et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
UNITED STATES OF AMERICA,
Plaintiff,
v.
MURVILLE LAMPKIN,
Defendant.
Case No. 3:15-cr-00005-05-SLG
ORDER REQUESTING RESPONSE
Before the Court at Docket 1108 is Defendant Lampkin’s Motion for
Reconsideration. The Court requests a response from the government to the
motion, to be filed within 14 days of the date of this order.
The Court is considering further reducing Mr. Lampkin’s sentence based on
potentially making a finding that the Attorney General’s recently-issued guidance
regarding the filing of 851 notices constitutes an extraordinary and compelling
reason for a further sentence reduction.1 When the timing of the 851 notice against
Mr. Lampkin is compared to the dates of the change of plea hearings of the other
defendants in this case, together with the timing of the First Superseding
Indictment adding the money laundering charge as to Mr. Lampkin, it appears that
the Section 851 enhancement was filed “simply to exert leverage to induce a plea
1 The Court denied a motion to strike the Section 851 enhancement pretrial at Docket 691, finding
it passed constitutional and statutory muster.
Case 3:15-cr-00005-SLG Document 1109 Filed 07/10/23 Page 1 of 2

Case No. 3:15-cr-00005-05-SLG, USA v. Lampkin
Order Requesting Response
Page 2 of 2
or because the defendant elected to exercise the right to trial.”2 Further, the
government may address whether the Section 3553 factors, and particularly the
need to avoid unwarranted sentencing disparities with equally or more culpable
codefendants in this case, warrants a further reduction in Mr. Lampkin’s sentence.3
DATED this 10th day of July, 2023.
/s/ Sharon L. Gleason
UNITED STATES DISTRICT JUDGE
2 See Docket 1108 at 2 (Excerpt from General Policies Memorandum).
3 See also United States Sentencing Commission, Application and Impact of Section 851
Enhancements (2018) (noting that 851 enhancements are rare throughout the nation, but
impact Black offenders most significantly).
Case 3:15-cr-00005-SLG Document 1109 Filed 07/10/23 Page 2 of 2