Opinion
BENJAMIN B. WAGNER United States Attorney KATHLEEN A. SERVATIUS Assistant U.S. Attorney Attorney for Plaintiff UNITED STATES OF AMERICA
HEATHER E. WILLIAMS Federal Defender DAVID M. PORTER Assistant Federal Defender Attorney for Defendant JESUS CORDOVA BARAJAS
STIPULATED MOTION AND ORDER TO REDUCE SENTENCE PURSUANT TO 18 U.S.C. § 3582(c)(2) RETROACTIVE DRUGS-MINUS-TWO REDUCTION CASE
HONORABLE ANTHONY W. ISHII JUDGE
Defendant, JESUS CORDOVA BARAJAS, by and through his attorney, Assistant Federal Defender David M. Porter, and plaintiff, UNITED STATES OF AMERICA, by and through its counsel, Assistant U.S. Attorney Kathleen A. Servatius, 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 January 16, 2002, this Court sentenced Mr. Barajas to a term of 210 months imprisonment;
3. His total offense level was 36, his criminal history category was II, and the resulting guideline range was 210 to 262 months;
4. The sentencing range applicable to Mr. Barajas 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. Mr. Barajas's total offense level has been reduced from 36 to 34, and his amended guideline range is 168 to 210 months; and, 6. Accordingly, the parties request the Court enter the order lodged herewith reducing Mr. Barajas's term of imprisonment to a total term of 168 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 Mr. Barajas is entitled to the benefit Amendment 782, which reduces the total offense level from 36 to 34, resulting in an amended guideline range of 168 to 210 months.
IT IS HEREBY ORDERED that the term of imprisonment imposed in January 2002 is reduced to a term of 168 months, effective as of November 1, 2015.
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, an effective date of the amended judgment as November 1, 2015, 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, Mr. Barajas shall report to the United States Probation Office within seventy-two hours after his release.
IT IS SO ORDERED.