Opinion
HEATHER E. WILLIAMS, Federal Defender, HANNAH R. LABAREE, Assistant Federal Defender Counsel Designated for Service, Sacramento, California, Attorneys for Defendant, RAMIRO GONZALEZ III.
BENJAMIN B. WAGNER, United States Attorney, JASON HITT, Assistant U.S. Attorney, Attorney for Plaintiff, UNITED STATES OF AMERICA.
STIPULATED MOTION AND ORDER TO REDUCE SENTENCE PURSUANT TO 18 U.S.C. § 3582(c)(2) RETROACTIVE DRUGS-MINUS-TWO REDUCTION CASE
KIMBERLY J. MUELLER, District Judge.
Defendant, RAMIRO GONZALEZ III, by and through his attorney, Assistant Federal Defender Hannah R. Labaree, 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 April 9, 2012, this Court sentenced Mr. Gonzalez to a total term of 141 months imprisonment;
3. Mr. Gonzalez' total offense level was 31, his criminal history category was VI, and the resulting guideline range was 188 to 235 months. He received a sentence below the guideline range on the government's motion;
4. The sentencing range applicable to Mr. Gonzalez 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. Gonzalez' total offense level has been reduced from 31 to 29, and his amended guideline range is 151 to 188 months. A reduction comparable to the one he received initially produces a term of 113 months imprisonment;
6. Accordingly, the parties request the Court enter the order lodged herewith reducing Mr. Gonzalez' total term of imprisonment to a term of 113 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. Gonzalez is entitled to the benefit Amendment 782, which reduces the total offense level from 31 to 29, resulting in an amended guideline range of 151 to 188 months. A reduction comparable to the one he received initially produces a term of 113 months imprisonment.
IT IS HEREBY ORDERED that the term of imprisonment imposed in April 2012 is reduced to a total term of 113 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. Gonzalez shall report to the United States Probation Office within seventy-two hours after his release.