Opinion
Case No: 3:10CR00027-001 USM No: 09383-028
07-30-2012
United States of America v. Franzetta Collier aka "Frankie"
None Defendant's Attorney
Date of Original Judgment: 09/27/2011
Date of Previous Amended Judgment: _______________
(Use Date of Last Amended Judgment if Any)
None
Defendant's Attorney
ORDER REGARDING MOTION FOR SENTENCE REDUCTION
PURSUANT TO 18 U.S.C. § 3582(c)(2)
Upon motion of [v] 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 in18 U.S.C. § 3553(a), to the extent that they are applicable,
IT IS ORDERED that the motion is:
[v]DENIED. []GRANTED and the defendant's previously imposed sentence of imprisonment (as reflected in the last judgment issued) of _______________ months is reduced to _______________.
(Complete Parts I and II of Page 2 when motion is granted)
Except as otherwise provided, all provisions of the judgment dated _______________ shall remain in effect.
IT IS SO ORDERED.
Effective Date: _______________
Unless otherwise indicated, the effective date ofthis order shall be ten (10) days after order date.
(if different from order date)
_______________
Judge's signature
The Honorable Richard L. Young
Printed name and title
As directed by 18 U.S.C. § 3582(c)(2), the Court has considered the relevant factors in U.S.S.G. § 1B1.10(b) and 18 U.S.C. § 3553(a), and determined a sentence reduction is not appropriate for the following reason(s):
_____ 1) The defendant is not eligible for a reduction because the amendments listed in subsection (c) of U.S.S.G. § 1B1.10 are not applicable to the defendant.
v 2) The amendment is listed in subsection (c) of U.S.S.G. § 1B1.10 and is applicable to the defendant, but it does not have the effect of lowering the defendant's applicable guideline range (e.g. a statutory mandatory minimum term of imprisonment, binding plea agreement, career offender status).
__ 3) The defendant is eligible for a reduction under this amendment, but the Court has determined such a reduction is not appropriate because of the nature and seriousness of the danger to any person or the community that may be posed by a reduction in sentence. (Application Note 1(B) of U.S.S.G. § 1B1.10.)
__ 4) The defendant is eligible for a reduction under this amendment. However, the Court has determined the post-sentencing conduct demonstrates the defendant may pose a danger to any person or the community by a reduction in sentence. (Application Note 1(B) of U.S.S.G. § 1B1.10.)
v 5) Other (explain)
The defendant received the mandatory minimum sentence authorized by statute.