Opinion
Case No: DNCW303CR000134-003 USM No: 17884-058
04-03-2012
United States of America v. CHRISTIAN PERRY
Steven T. Meier Defendant's Attorney
Date of Original Judgment: September 29, 2004
Date of Last Amended Judgment: March 5, 2009
Steven T. Meier
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, and taking into account the policy statement set forth at USSG §1B1.10 and 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:
[×] DENIED. [ ] GRANTED and the defendant's previously imposed sentence of imprisonment (as reflected in the last judgment issued) of _____ is reduced to _____ I. COURT DETERMINATION OF GUIDELINE RANGE (Prior to Any Departures)
+-----------------------------------------------------------------------------+ ¦Original Offense Level: ¦35 ¦Amended Offense Level: ¦34 ¦ +------------------------+-------------+------------------------+-------------¦ ¦Criminal History ¦VI ¦Criminal History ¦VI ¦ ¦Category: ¦ ¦Category: ¦ ¦ +------------------------+-------------+------------------------+-------------¦ ¦Original Guideline ¦292-365 ¦Amended Guideline Range:¦262-327 ¦ ¦Range: ¦months ¦ ¦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 and the reduced sentence is comparably less than the amended guideline range. [ ] The reduced sentence is above the amended guideline range. [×] Other (explain): Due to the defendant's classification as a Career Offender, there is no change in the guideline calculations following application of Amendment 706.
III. ADDITIONAL COMMENTS
Except as provided above, all provisions of the judgment dated September 29, 2004 shall remain in effect.
IT IS SO ORDERED.
Effective Date: _
(if different from order date)
_____________
Graham C. Mullen
United States District Judge