Opinion
HEATHER E. WILLIAMS, Federal Defender, HANNAH R. LABAREE, Assistant Federal Defender, Counsel Designated for Service Sacramento, California, Attorneys for Defendant JESUS GUADELUPE MASCORRO.
BENJAMIN B. WAGNER, United States Attorney, JASON HITT, 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
MORRISON C. ENGLAND, Jr., Chief District Judge.
Defendant, JESUS GUADELUPE MASCORRO, by and through his attorney, Assistant Federal Defender Hannah R. Labaree, 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 August 12, 2014, this Court sentenced Mr. Mascorro to a term of 33 months imprisonment;
3. Mr. Mascorro's total offense level was 21, his criminal history category was III, and the resulting guideline range was 46 to 57 months. He received a reduction from the statutory mandatory minimum on the government's motion;
4. The sentencing range applicable to Mr. Mascorro 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. Mascorro's total offense level has been reduced from 21 to 19, and his amended guideline range is 37 to 46 months. A reduction comparable to the one he received initially yields a term of 20 months;
6. Accordingly, the parties request the Court enter the order lodged herewith reducing Mr. Mascorro's term of imprisonment to 20 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. Mascorro is entitled to the benefit Amendment 782, which reduces the total offense level from 21 to 19, resulting in an amended guideline range of 37 to 46 months. A reduction comparable to the one he received initially yields a term of 20 months.
IT IS HEREBY ORDERED that the total term of imprisonment imposed in August 2014 is reduced to 20 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. Mascorro shall report to the United States Probation Office within seventy-two hours after his release.
IT IS SO ORDERED.