USA v. Mays

IN 	THE 	UNITED 	STATES DISTRICT 	COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL 	DIVISION
UNITED 	STATES OF 	AMERICA
V. 	No. 4:1O-cr-55-DPM
PLAINTIFF
ANTHONY GENE MAYS
ORDER
DEFENDANT
Mays moves 	to 	reduce 	his 	sentence 	based 	on 	amendments 	to 	the
Sentencing Guidelines. 	When 	he 	was sentenced, 	he received 	two
criminal 	history 	points 	because he 	was 	on 	parole 	when he 	committed
his 	new 	crime. 	He 	would 	only 	receive 	one point 	under the 	amended
Guidelines. This 	change, 	however, 	does 	not 	affect his sentencing 	range.
He 	was a career offender, 	meaning 	he 	remains in 	criminal 	history
category 	VI. 	His 	motion, 	Doc. 	98, 	is 	therefore denied.
Mays 	also 	moves 	for 	immediate 	release 	under 	18 	U.S.C.
§ 	3582(c)(1)(A)(i). 	He 	doesn't 	say 	whether 	he 	exhausted 	his
administrative remedies 	before 	filing 	his 	motion. 	It's 	unnecessary 	to
get 	clarity 	on 	the exhaustion 	issues, 	though, 	because his 	motion 	fails 	on
the 	merits.
A 	jury 	convicted Mays 	of 	(1) being 	a 	felon 	in 	possession 	of 	a
firearm, 	(2) 	attempting 	to 	kill 	a 	federal 	officer, 	and 	(3) 	using 	a 	firearm
in 	furtherance of 	a 	crime 	of violence. He's serving 	a 	forty-year 	sentence.
He 	says 	that his 	sentence 	should be reduced because of 	changes 	in 	the
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law. 	Assuming 	that 	qualifies 	as 	an 	"extraordinary 	and 	compelling"
reason under the 	statute, 	the 	Court 	finds that the law 	hasn't 	changed.
The felon 	in 	possession of 	a 	firearm 	statute 	doesn't 	violate 	the 	Second
Amendment. 	United 	States 	v. 	Jackson, 	110 	F.4th 	1120, 	1125-27 	(8th 	Cir.
2024). 	Attempted 	murder of 	a 	federal official 	is 	a 	crime 	of violence 	for
the 	purposes 	of 	18 	U.S.C. 	§ 	924(c)(1)(A). 	Rose 	v. 	United 	States,
No. 23-3572, 	slip 	op. 	at 	6-10 	(8th 	Cir. 29 	August 	2025); 	see also United
States 	v. 	States, 	72 	F.4th 	778, 	790-91 	(7th 	Cir. 	2023). 	And 	any 	changes
made 	in 	the 	First 	Step 	Act 	or 	the 	Big Beautiful 	Bill wouldn't reduce
Mays's 	sentence. 	His 	motion, 	Doc. 	94, 	is 	denied.
So 	Ordered.
D.P. 	Marshall 	Jr.
United 	States District 	Judge
2OS
-2-
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