Opinion
Case No: DNCW108CR000107-001 USM No: 22373-058
04-03-2012
United States of America v. WILLIAM ERIC AVERY
Frank A. Abrams Defendant's Attorney
Date of Original Judgment: June 1, 2009
Date of Last Amended Judgment:
Frank A. Abrams Defendant's Attorney
Order Regarding Motion for Sentence Reduction Pursuant to 18 U.S.C. § 3582(c)(2)
Upon motion of [×] the defendant [] the Director of the Bureau of Prisons [] the court under 18 U.S.C. § 3582(c)(2) for a reduction in the term of imprisonment imposed based on a guideline sentencing range that has subsequently been lowered and made retroactive by the United States Sentencing Commission pursuant to 28 U.S.C. § 994(u), and having considered such motion, and taking into account the policy statement set forth at USSG §1B1.10 and the sentencing factors set forth in 18 U.S.C. § 3553(a), to the extent that they are applicable,
IT IS ORDERED that the motion is:
[×] DENIED. GRANTED and the defendant's previously imposed sentence of imprisonment (as reflected in the last judgment issued) of __________ is reduced to __________
I. COURT DETERMINATION OF GUIDELINE RANGE (Prior to Any Departures)
Original Offense Level: 27 Amended Offense Level: 23
Criminal History Category: III Criminal History Category: III
Original Guideline Range: 120 months Amended Guideline Range: 120 months
II. SENTENCE RELATIVE TO AMENDED GUIDELINE RANGE
[] The reduced sentence is within the amended guideline range.
[] The previous term of imprisonment imposed was less than the guideline range applicable to the defendant at the time of sentencing and the reduced sentence is comparably less than the amended guideline range.
[] The reduced sentence is above the amended guideline range.
[×] Other (explain): Due to the statutory mandatory minimum sentence required in this case, there is no change in the guideline calculations. Pursuant to §5G1.1 the guidelines range for Defendant's sentence was 120 months, both before and after the amendment. Therefore, Defendant is not eligible for relief. §1B1.10(a)(1).
III. ADDITIONAL COMMENTS
Except as provided above, all provisions of the judgment dated June 1, 2009 shall remain in effect.
IT IS SO ORDERED.
Effective Date: ___________
(if different from order date)
__________
Martin Reidinger
United States District Judge