Opinion
Case No: 2:08-CR-725-01 USM No: 29089-050
04-26-2012
United States of America v. HECTOR MERCED
AFPD DAVID HOLMAN Defendant's Attorney
Date of Previous Judgment: 08/05/2010
(Use Date of Last Amended Judgment if Applicable)
AFPD DAVID HOLMAN
Defendant's Attorney
Order Regarding Motion for Sentence Reduction Pursuant to 18 U.S.C. § 3582(c)(2)
Upon motion of [×] the defendant [] 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,
IT IS ORDERED that the motion is:
[×] 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: ___________ Amended Offense 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 of sentencing as a result of a departure or Rule 35 reduction, and the reduced sentence is comparably less than the amended guideline range. Other (explain):
III. ADDITIONAL COMMENTS
Defendant is ineligible. A variance placed Defendant at the bottom of the range under the Fair Sentencing Act.
Except as provided above, all provisions of the judgment dated 08/05/2010 shall remain in effect. IT IS SO ORDERED.
Effective Date: ______________________
(if different from order date)
______________________
Judge's signature
WILLIAM J. MARTINI , U.S.D.J.
Printed name and title