Opinion
Case No: CR 09-222-RE
01-13-2012
United States of America v. Jorge Ricardo Gongora-Chi,
Barry W. Engle Defendant's Attorney
Date of Previous Judgment: 03/07/2011
(Use Date of Last Amended Judgment if Applicable)
Barry W. Engle
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,
IT IS ORDERED that the motion is:
[] DENTED. [√] RANTED and the defendant's previously imposed sentence of imprisonment (as reflected in the last judgment issued) of 57 months is reduced to 41.
I. COURT DETERMINATION OF GUIDELINE RANGE (Prior to Any Departures)
Previous Offense Level: 24 Amended Offense Level: 21
Criminal History Category: II Criminal History Category: II
Previous Guideline Range: 57 to 71 months Amended Guideline Range: 41 to 51 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 as a result of a departure or Rule 35 reduction, and the reduced sentence is comparably less than the amended guideline range.
[] Other (explain):
III. ADDITIONAL COMMENTS
Sentence shall be concurrent to sentence imposed in CR-09-218-RE
Except as provided above, all provisions of the judgment dated 03/07/2011 shall remain in effect.
IT IS SO ORDERED.
____________
Judge's signature
Effective Date: ____________
(if different from order date)
Honorable James A. Redden
Printed name and title