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United States District Court for the Western District of Pennsylvania
November 6, 2020, Decided; November 6, 2020, Filed
Criminal No. 17-33; Civil Action No. 19-1585
In this case, Defendant Gregory Magee seeks relief from his sentence of 87 months' imprisonment following his convictions for 2 counts of armed bank robbery, in violation of 18 U.S.C. § 2113(d) and 4 counts of bank robbery, in violation of 18 U.S.C. § 2113(a). Specifically, he moves under 28 U.S.C. § 2255 to vacate, set aside or correct sentence based on alleged ineffective assistance of counsel at his sentencing. (Docket No. 93). He also moves under 18 U.S.C. § 3582(c)(1)(A) for compassionate release based on the COVID-19 pandemic and his underlying health conditions, including heart disease, among other ailments. (Docket Nos. 112; 125). The Government opposes Defendant's motions which have been fully briefed and supplemented with Defendant's medical records and other pertinent [*2] evidence. (Docket Nos. 102; 109; 111; 114; 129; 131; 134; 136; 137). After careful consideration of the parties' positions, and for the following reasons, Defendant's motions, (Docket Nos. 93; 112; 125), are denied. Specifically, the Court finds that Defendant has failed to demonstrate that he was prejudiced by any alleged ineffective assistance by his counsel at sentencing and otherwise declines to exercise its discretion to reduce his sentence for compassionate release under § 3582(c)(1)(A).
A. Relevant Facts
On July 10, 2018, Defendant pled guilty to all six counts in the Superseding Indictment against him pursuant to a plea agreement with the Government. (Docket No. 64). He admitted that he robbed six different banks throughout the Western District of Pennsylvania between January and November of 2016, stealing a total of $ 119,696.00. (Docket Nos. 12; 64). He was 46-47 years old at the time of his criminal conduct. (Docket No. 74 at 1). He wore disguises shielding his appearance and brandished a firearm and/or made a threat of death to tellers during each of these robberies. (Id. at ¶¶ 8-15). To this end,
• On January 20, 2016, he brandished a firearm at the tellers at a First Niagara [*3] Bank branch in Cranberry Township, Butler County, and stole $ 5,526;
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2020 U.S. Dist. LEXIS 207952 *; 2020 WL 6546130
UNITED STATES OF AMERICA, v. GREGORY MAGEE, Defendant.
sentence, incarceration, compassionate, robberies, factors, restitution, ineffective, guidelines, heart condition, forfeited, pandemic, firearm, tellers, sentencing hearing, medical record, plea agreement, reduction, advisory, inmates, counts, stents, stole, BOP, imprisonment, coronary, reasons, defense counsel, district court, heart disease, coronavirus