UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA, v. Criminal Action No. 92-471 (BAH) NAVARRO A. HAMMOND, Chief Judge Beryl A. Howell Defendant. MEMORANDUM OPINION Nearly 25 years ago, Navarro Hammond was sentenced to 380 months’ imprisonment for possession with intent to distribute cocaine base (or “crack”) and marijuana, and for maintaining a premise for the distribution of a controlled substance, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A)(iii), 841(b)(1)(D), and 856(a)(2). The 31-year length of Hammond’s sentence reflected his career-offender designation, pursuant to § 4B1.1 of the then-mandatory United States Sentencing Guidelines (“Guidelines”), based on his two prior convictions for a “crime of violence,” as such crimes were once defined under § 4B1.2 of the Guidelines. Due to substantial changes in federal sentencing since Hammond began serving his 380- month sentence, he claims that if he were sentenced today, the now-advisory Guidelines range would be 92 to 115 months’ imprisonment, see Def.’s Second Supp. Mot. Vacate at 1, ECF No. 86, and, further, that these changes should be applied to benefit him now. Over the last decade, Hammond filed a motion, under 18 U.S.C. § 3582, asking for a sentence reduction, see Def.’s Mot. Modification Sentence (“Def.’s Mot. Modify.”), ECF No. 76, and a motion, under 28 U.S.C. § 2255, asking that his sentence be vacated and that he be resentenced under the current Guidelines, see Def.’s Mot. Vacate, Set Aside, Correct Sentence, ECF No. 83, as supplemented, 1 Def.’s Supp. Mot. Vacate (“Def.’s Supp. § 2255 Mot.”), ECF No. 85, and Def.’s Second Supp. Mot. Vacate. Hammond’s § 2255 motion seeks relief that, if awarded, encompasses the relief sought under his sentence-reduction motion.1 To prevail on the broader motion, Hammond must survive the gauntlet of procedural obstacles that the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”) erects and then establish his right to relief under an especially high merits standard. Hammond has done just that, and his § 2255 motion is granted. This relief renders his sentence-reduction motion, under 18 U.S.C. § 3582, moot and that motion is denied as such. I. BACKGROUND On July 10, 1992, Hammond was arrested in connection with an investigation into the murder of a D.C. Corrections Officer, see Presentence Report (“PSR”) at ¶¶ 3–5, ECF No. 96, who was “in route to D.C. Superior Court in order to testify against” a close associate of Hammond “in an unrelated pending matter which occurred in a D.C. correctional facility,” id. at ¶ 4. This murder was “carried out … to prevent [the officer] from testifying.” Id. The arresting officers searched Hammond’s home and discovered 110.5 grams of marijuana, 166.6 grams of crack, 80.773 grams of heroin, and drug paraphernalia, with Hammond’s prints on a bag of marijuana and a box of cocaine base. Id. at ¶¶ 6–7. Hammond was subsequently convicted, in 1993, at a jury trial on charges of possession with intent to distribute 50 grams or more of cocaine base, in violation of 21 U.S.C. ...
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