UNITED STATES OF AMERICA v. ASHLEY WADE SICLOVAN (2024)

ORDER

Because clear error is present in the Court's Amended Opinion and Order, ECF [78], issued on July 12, 2024, the government's Motion for Reconsideration, ECF [83], is GRANTED. Upon review, the Court agrees that amended U.S.S.G. § 1B1.13 is an applicable policy statement, constituting binding authority. The Court, however, followed U.S.S.G. § 1B1.13’s persuasive authority in its original analysis, and thus finds that a sentence of time served, with the imposed conditions listed in the Amended Opinion and Order, is still warranted.

The Court therefore amends its Amended Opinion and Order as follows:

(1) The Court deletes the last sentence of the first paragraph on page five, reading, “Thus, because the Ninth Circuit has indicated, and continues to indicate post-amendment, that U.S.S.G. § 1B1.13 is not an ‘applicable policy statement,’ this Court will continue to treat § 1B1.13 as persuasive, nonbinding authority.” The Court replaces the sentence with “This Court follows § 1B1.13, whether as ‘persuasive’ or ‘binding’ precedent.”

(2) The Court adds the following sentence at the end of the third paragraph on page eleven: “For the same reasons that the facts and circumstances here support a sentence of time served under the § 3553(a) factors, the Court also determines that defendant's release under the conditions specified in the amended judgment will not endanger the community under § 1B1.13.”

IT IS SO ORDERED.

DATED this 22nd day of August, 2024.

Adrienne Nelson United States District Judge