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 SANTIAGO ESQUIVEL-VEGA
STIPULATED MOTION AND ORDER TO REDUCE SENTENCE PURSUANT TO 18 U.S.C. § 3582(C)(2) RETROACTIVE DRUGS-MINUS-TWO REDUCTION CASE
Honorable ANTONY W. ISHII, Judge.
Defendant, SANTIAGO ESQUIVEL-VEGA, 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 July 1, 1996, this Court sentenced Mr. Esquivel-Vega to a term of 365 months imprisonment;
3. His total offense level was 38, his criminal history category was III, and the resulting guideline range was 292 to 365 months;
4. The sentencing range applicable to Mr. Esquivel-Vega 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. Esquivel-Vega's total offense level has been reduced from 38 to 36, and his amended guideline range is 235 to 293 months; and, 6. Accordingly, the parties request the Court enter the order lodged herewith reducing Mr. Esquivel-Vega's term of imprisonment to a total term of 293 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. Esquivel-Vega is entitled to the benefit Amendment 782, which reduces the total offense level from 38 to 36, resulting in an amended guideline range of 235 to 293 months.
IT IS HEREBY ORDERED that the term of imprisonment imposed in July 1996 is reduced to a term of 293 months.
IT IS FURTHER ORDERED that all other terms and provisions of the amended judgment filed February 24, 1998 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. Esquivel-Vega shall report to the United States Probation Office within seventy-two hours after his release.
IT IS SO ORDERED.