Opinion
HEATHER E. WILLIAMS, Federal Defender, DAVID M. PORTER, Assistant Federal Defender, Counsel Designated for Service, Sacramento, California, Attorneys for Defendant, JESUS ARREDONDO OTAÑEZ.
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
LAWRENCE J. O'NEILL, District Judge.
Defendant, JESUS ARREDONDO OTAÑEZ, 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 7, 2008, this Court sentenced Mr. Otañez to a term of 106 months imprisonment, comprised of a term of 60 months on Count 2 (a violation of 18 U.S.C. § 924(c)) and 46 months on Count 4 (a violation of 21 U.S.C. § 841(a)(1)), to be served consecutively;
3. His total offense level as to Count 4 was 21, his criminal history category was III, and the resulting guideline range was 46 to 57 months;
4. The sentencing range applicable to Mr. Otañez 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. Otañez' total offense level as to Count 4 has been reduced from 21 to 19, and his amended guideline range is 37 to 46 months; and,
6. Accordingly, the parties request the Court enter the order lodged herewith reducing Mr. Otañez' term of imprisonment to a total term of 97 months, comprised of 60 months on Count 2 and 37 months on Count 4, to be served consecutively, effective November 1, 2015.
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. Otañez 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.
IT IS HEREBY ORDERED that the term of imprisonment imposed in November 2008 is
reduced to an aggregate term of 97 months comprised of 60 months on Count 2 and 37 months on Count 4, to be served consecutively, effective as of November 1, 2015. If this sentence is less than the amount of time the defendant has already served as of November 1, 2015, the sentence is reduced to a time served sentence. In no event is this Order to be understood as authorizing release prior to November 1, 2015 or authorizing a term of imprisonment less than the term actually served on 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, 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. Otañez shall report to the United States Probation Office within seventy-two hours after his release.
IT IS SO ORDERED.