Opinion
HEATHER E. WILLIAMS, Federal Defender, DAVID PORTER, Assistant Federal Defender Counsel Designated for Service, Sacramento, California, Attorneys for Defendant HUNG THE LE.
BENJAMIN B. WAGNER United States Attorney, JASON HITT, Assistant U.S. Attorney, Attorney for Plaintiff UNITED STATES OF AMERICA.
STIPULATED MOTION AND [lodged] ORDER TO REDUCE SENTENCE PURSUANT TO 18 U.S.C. § 3582(c)(2)
WILLIAM B. SHUBB, District Judge.
Defendant, HUNG THE LE, by and through his attorney, Assistant Federal Defender David 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 November 4, 2013 this Court sentenced Mr. Le to a term of 51 months imprisonment on both Counts 1 and 2 of the indictment, to be served concurrently;
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. Le 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. Le's total offense level has been reduced from 24 to 22, and his amended guideline range is 41 to 51 months; and,
6. Accordingly, the parties request the Court enter the order lodged herewith reducing Mr. Le's term of imprisonment to a term of 41 months imprisonment on both Counts 1 and 2, to be served concurrently, for a total term of 41 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. Le is entitled to the benefit Amendment 782, which reduces the total offense level from 24 to 22, resulting in an amended guideline range of 41 to 51 months.
IT IS HEREBY ORDERED that the term of imprisonment imposed in November 2013 is reduced to a term of 41 months imprisonment on both Counts 1 and 2, to be served concurrently, for a total term of 41 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. Le shall report to the United States Probation Office within seventy-two hours after his release.