Opinion
Case No: 5:08-CR-100-1F USM No: 51129-056
06-08-2012
United States of America v. Calvin Lavan Clark
Thomas P. McNamara Defendant's Attorney
Date of Original Judgment; September 17, 2008
Date of Previous Amended Judgment: N/A
(Use Date of Last Amended Judgment if Any)
Thomas P. McNamara
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 § 1B 1.10 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 _____________ months is reduced to ____________ The offense level resulted from the application of the career offender guideline. Therefore, the amendment does not have the effect of lowering the guideline range. If the amount of time the defendant has already served exceeds this sentence, the sentence is reduced to a "Time Served" sentence, subject to an additional period of up to ten (10) days for administrative purposes of releasing the defendant.
(Complete Parts I and II of Page 2 when motion is granted)
Except as otherwise provided, all provisions of the judgment(s) dated September 17, 2008 shall remain in effect. IT IS SO ORDERED.
Effective Date: _____________
(if different from order date)
_____________
Judge's signature
James C. Fox , Senior U.S. District Judge
Printed name and title
EDNC Rev. 11/8/2011