Opinion
BENJAMIN B. WAGNER, United States Attorney, JASON HITT DAVID M. PORTER, Assistant U.S. Attorney, Attorney for Plaintiff, UNITED STATES OF AMERICA.
HEATHER E. WILLIAMS, Federal Defender, DAVID M. PORTER, Assistant Federal Defender Counsel Designated for Service, Sacramento, California, Attorneys for Defendant, CRISTINO RODRIGUEZ MORA CUEVAS.
STIPULATED MOTION AND ORDER TO REDUCE SENTENCE PURSUANT TO 18 U.S.C. § 3582(c)(2) RETROACTIVE DRUGS-MINUS-TWO REDUCTION CASE
MORRISON C. ENGLAND, Jr., Chief District Judge.
Defendant, CRISTINO RODRIGUEZ MORA CUEVAS, 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 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 August 11, 2011, this Court sentenced Mr. Cuevas to a term of 96 months imprisonment;
3. His total offense level was 25, his criminal history category was I, and the resulting guideline range was 57 to 71 months, and he received a departure from the applicable guideline range on the government's motion;
4. The sentencing range applicable to Mr. Cuevas 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. Cuevas's total offense level has been reduced from 25 to 23, and his amended guideline range is 46 to 57 months; a departure comparable to the one received at the initial sentencing would produce a term of 77 months;
6. Accordingly, the parties request the Court enter the order lodged herewith reducing Mr. Cuevas's term of imprisonment to a total term of 77 months;
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. Cuevas is entitled to the benefit Amendment 782, which reduces the total offense level from 25 to 23, resulting in an amended guideline range of 46 to 57 months. An increase comparable to the one received at the initial sentencing would produce a term of 77 months.
IT IS HEREBY ORDERED that the term of imprisonment imposed in August 2011 is reduced to a term of 77 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, Mr. Cuevas shall report to the United States Probation Office within seventy-two hours after his release.
IT IS SO ORDERED.