United States of America v. Johnathan Gaines

Tampa, Florida criminal defense lawyer represented the Defendant charged with bank rubbery by force or violence.



Gaines is serving a 711-month sentence for committing three armed robberies in 2000, brandishing a firearm during the

commission of one of those robberies, and discharging a firearm during another. At the time of his conviction, he received a 25-year mandatory minimum sentence for discharging a firearm. He moved for compassionate release in 2020 and argued that, under the First Step Act, Pub. L. No. 115-391, 132 Stat. 5194 (2018), he would not have received a 25-year mandatory minimum sentence and that the disparity between his sentence and his co-defendants' sentences qualified as extraordinary and compelling grounds for a sentence reduction. The district court denied his motion and ruled that the First Step Act was not retroactive and the statutory sentencing factors did not support a sentence reduction.

Imprisonment: 300 months; Supervised release: 60 months; Fine: waived; Restitution: $52,063.12. Special Assessment: $200.00.



Affirmed