Opinion
BENJAMIN B. WAGNER, United States Attorney, JASON HITT, Assistant U.S. Attorney, Attorney for Plaintiff, UNITED STATES OF AMERICA.
HEATHER E. WILLIAMS, Federal Defender, DAVID M. PORTER, Assistant Federal Defender, Counsel Designated for Service, Sacramento, California, Attorneys for Defendant, JAVIER HERNANDEZ.
STIPULATED MOTION AND ORDER TO REDUCE SENTENCE PURSUANT TO 18 U.S.C. § 3582(c)(2) RETROACTIVE DRUGS-MINUS-TWO REDUCTION CASE
MORRISON C. ENGLAND, Jr., District Judge.
Defendant, JAVIER HERNANDEZ, 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 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 3, 2008, this Court sentenced Mr. Hernandez to a term of 135 months imprisonment;
3. His total offense level was 33, his criminal history category was I, and the resulting guideline range was 135 to 168 months;
4. The sentencing range applicable to Mr. Hernandez 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. Hernandez's total offense level has been reduced from 33 to 31, and his amended guideline range is 108 to 135 months;
6. Accordingly, the parties request the Court enter the order lodged herewith reducing Mr. Hernandez's term of imprisonment to a total term of 108 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. Hernandez is entitled to the benefit Amendment 782, which reduces the total offense level from 33 to 31, resulting in an amended guideline range of 108 to 135 months.
IT IS HEREBY ORDERED that the term of imprisonment imposed in April 2008 is reduced to a term of 108 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. Stipulation and Order Re: Sentence Reduction 2 Unless otherwise ordered, Mr. Hernandez shall report to the United States Probation Office within seventy-two hours after his release.
IT IS SO ORDERED.