Opinion
HEATHER E. WILLIAMS, Federal Defender, HANNAH R. LABAREE, Assistant Federal Defender Counsel Designated for Service, Sacramento, California, Attorneys for Defendant, MARIA DEL ROCIO ARCEO-RANGEL.
BENJAMIN B. WAGNER, United States Attorney, JASON HITT, Assistant U.S. Attorney, Attorney for Plaintiff, UNITED STATES OF AMERICA.
STIPULATED MOTION AND ORDER TO REDUCE SENTENCE PURSUANT TO 18 U.S.C. § 3582(c)(2) RETROACTIVE DRUGS-MINUS-TWO REDUCTION CASE
KIMBERLY J. MUELLER, District Judge.
Defendant, MARIA DEL ROCIO ARCEO-RANGEL, by and through her attorney, Assistant Federal Defender Hannah R. Labaree, and plaintiff, UNITED STATES OF AMERICA, by and through its counsel, Assistant U.S. Attorney Jason Hitt, hereby stipulate as follows:
1. Pursuant to 18 U.S.C. § 3582(c)(2), this Court may reduce the term of imprisonment in the case of a defendant who has been sentenced to a term of imprisonment based on a sentencing range that has subsequently been lowered by the Sentencing Commission pursuant to 28 U.S.C. § 994(o);
2. On June 11, 2014, this Court sentenced Ms. Arceo-Rangel to a term of 136 months imprisonment;
3. Her total offense level was 34, her criminal history category was I, and the resulting guideline range was 151 to 188 months. Ms. Arceo-Rangel received a sentence below the applicable range;
4. The sentencing range applicable to Ms. Arceo-Rangel was subsequently lowered by the United States Sentencing Commission in Amendment 782, made retroactive on July 18, 2014, see 79 Fed. Reg. 44, 973;
5. Ms. Arceo-Rangel's total offense level has been reduced from 34 to 32, and her amended guideline range is 121 to 151 months;
6. Accordingly, the parties request the Court enter the order lodged herewith reducing Ms. Arceo-Rangel's term of imprisonment to 121 months.
Respectfully submitted.
ORDER
This matter came before the Court on the stipulated motion of the defendant for reduction of sentence pursuant to 18 U.S.C. § 3582(c)(2).
The parties agree, and the Court finds, that Ms. Arceo-Rangel is entitled to the benefit of Amendment 782, which reduces the total offense level from 34 to 32, resulting in an amended guideline range of 121 to 151 months.
IT IS HEREBY ORDERED that the term of imprisonment imposed in June 2014 is reduced to a term of 121 months.
IT IS FURTHER ORDERED that all other terms and provisions of the original judgment remain in effect. The clerk shall forthwith prepare an amended judgment reflecting the above reduction in sentence, and shall serve certified copies of the amended judgment on the United States Bureau of Prisons and the United States Probation Office.
Unless otherwise ordered, Ms. Arceo-Rangel shall report to the United States Probation Office within seventy-two hours after her release.