Opinion
Case No: 4:08cr00022-001 USM No: 12293-084
01-24-2012
United States of America v. TSAIKUWN ALDAGO HAIRSTON
Date of Previous Judgment: 02/01/2010
(Use Date of Last Amended Judgment if Applicable)
__________________
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, and taking into account 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:
[×] DENIED. [ ] GRANTED and the defendant's previously imposed sentence of imprisonment (as reflected in the last judgment issued) of __________________ months is reduced to __________________ .
I. COURT DETERMINATION OF GUIDELINE RANGE (Prior to Any Departures)
Previous Offense Level: __________________ Amended Offense Level: __________________
Criminal History Category: __________________ Criminal History Category: __________________
Previous Guideline Range: ________ to________ months Amended Guideline Range:________ to ________ 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
Guideline computations are based on 288 kilograms of cocaine powder; therefore, Defendant is ineligible for a reduction under Amendment 750. Additionally, Defendant's Motion to Appoint Counsel and Motion for a Hearing [ECF No. 179] are both DENIED.
Except as provided above, all provisions of the judgment dated __________________ shall remain in effect.
IT IS SO ORDERED. Effective Date: __________________
Of different from order date)
__________________
Judge's signature
Senior United States District Judge
Printed name and title