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U.S. v. Gillard

Sentence Is Reduced Pursuant to Amendment 821 to Sentencing Guidelines

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OPINION AND ORDER Donavan Gillard (“Defendant”) moves under 28 U.S.C. §2255 to vacate the August 24, 2022 amended judgment on the grounds that he was denied his Sixth Amendment right to the effective assistance of counsel rendered in the plea and sentencing contexts by his then-counsel’s failure to object to the calculation of his criminal history under the United States Sentencing Guidelines (“U.S.S.G.” or “Guidelines”). (Doc. 682). Defendant also moves for a sentence reduction under 18 U.S.C. §3582(c) because of the retroactive application of Guidelines Amendment 821. (Doc. 894). For the reasons set forth below, Defendant’s motion under 28 U.S.C. §2255 to vacate his sentence is DENIED. Defendant’s motion for a sentence reduction based on Amendment 821 to the Guidelines is GRANTED. BACKGROUND The facts set forth herein are derived from Defendant’s motion (Doc. 682) and reply memorandum of law (Doc. 739), the Government’s memorandum of law in opposition (Doc. 732, “Opp.”), and the record of the underlying criminal proceeding, including the Supplemental Presentence Investigation Report prepared by the Probation Office and filed on January 25, 2024 (Doc. 797, “PSR”). Defendant was a high-ranking leader of a violent “Bloods” gang known as the Untouchable Gorilla Stone Nation (“Gorilla Stone”). (PSR

61-62). The gang operates throughout New York, both inside and outside of prisons, and across other states including Florida and North Carolina. (Id. 33). Members of Gorilla Stone terrorized the communities in which it operated, engaging in acts of violence including murder, attempted murders, robberies, and a slashing. (Id.

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