Opinion
Case No: 01-00538-002 USM No: 21742-050
05-10-2012
United States of America v. Erik Johnson
Pro Se Defendant's Attorney
Date of Previous Judgment: Nov. 1, 2002 (AEM)
(Use Date of Last Amended Judgment if Applicable)
Pro Se
Defendant's Attorney
Order Regarding Motion for Sentence Reduction Pursuant to 18 U.S.C. § 3582(c)(2)
Upon motion of X 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:
X 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: ___ AmendedOffense 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
[] Other (explain):
III. ADDITIONAL COMMENTS
Except as provided above, all provisions of the judgment dated 11/20/2008 shall remain in effect
IT IS SO ORDERED.
____________
Judge's signature
Effective Date: _________
(if different from order date)
Hon. Jose L. Linares
Printed name and title