Opinion
HEATHER E. WILLIAMS, Bar #122664 Federal Defender DAVID M. PORTER, Bar #127024 Assistant Federal Defender Counsel Designated for Service Attorneys for Defendant EDUARDO JAVIER HERNANDEZ-BARRAGAN
BENJAMIN B. WAGNER United States Attorney KATHLEEN A. SERVATIUS 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
Defendant, EDUARDO JAVIER HERNANDEZ-B ARRAGAN, 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 Kathleen A. Servatius, 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 November 5, 2012, this Court sentenced Mr. Hernandez-Barragan to a term of 51 months imprisonment;
3. His total offense level was 24, his criminal history category was I, and the resulting guideline range was 51 to 63 months;
4. The sentencing range applicable to Mr. Hernandez-Barragan 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-Barragan's total offense level has been reduced from 24 to 23, and his amended guideline range is 46 to 57 months; and,
6. Accordingly, the parties request the Court enter the order lodged herewith reducing Mr. Hernandez-Barragan's term of imprisonment to a total term of 46 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-Barragan is entitled to the benefit Amendment 782, which reduces the total offense level from 24 to 23, resulting in an amended guideline range of 46 to 57 months.
IT IS HEREBY ORDERED that the term of imprisonment imposed in November 2012 is reduced to a term of 46 months, effective as of November 1, 2015.
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, note an effective date of November 1, 2015, 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. Hernandez-Barragan shall report to the United States Probation Office within seventy-two hours after his release.
IT IS SO ORDERED.