Opinion
Case No: 5:00CR38-2 USM No: 16360-058
04-11-2012
United States of America v. KENNETH TYRONE GARNER
Ross Richardson Defendant's Attorney
Date of Original Judgment: December 13, 2001
Date of Last Amended Judgment: N/A
Ross Richardson
Defendant's Attorney
Order Regarding Motion for Sentence Reduction Pursuant to 18 U.S.C. § 3582(c)(2)
Upon motion of [X] 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 in 18 U.S.C. § 3553(a), to the extent that they are applicable,
IT IS ORDERED that the motion is:
[X] DENIED. [] GRANTED and the defendant's previously imposed sentence of imprisonment (as reflected in the last judgment issued) of _ is reduced to _ I. COURT DETERMINATION OF GUIDELINE RANGE (Prior to Any Departures)
Original Offense Level: 31 Amended Offense Level: 25
Criminal History Category: III Criminal History Category: III
Original Guideline Range: 240 to 240 months Amended Guideline Range: 240 to 240 months
II. SENTENCE RELATIVE TO AMENDED GUIDELINE RANGE
[] The reduced sentence is within the amended guideline range.
[] The previous term of imprisonment imposed was less than the guideline range applicable to the defendant at the time of sentencing and the reduced sentence is comparably less than the amended guideline range.
[] The reduced sentence is above the amended guideline range.
[X] Other (explain): Defendant was previously re-sentenced under the provisions of Amendment 706 and received a sentence at the statutory mandatory minimum. No further reduction is applicable.
III. ADDITIONAL COMMENTS
Except as provided above, all provisions of the judgment dated December 13, 2001, shall remain in effect.
IT IS SO ORDERED.
Effective Date: _
(if different from order date)
________________________
Richard L. Voorhees
United States District Judge