Opinion
Case No: 08-00306 USM No: 10482-003
03-09-2012
Date of Original Judgment: MAY 5, 2009
Date of Previous Amended Judgment: _
(Use Date of Last Amended Judgment if Any)
Pro Se
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 _________ months is reduced to ______.
(Complete Parts I and II of Page 2 when motion is granted)
ADDITIONAL COMMENTS
The defendant was sentenced to the mandatory minimum of 120 months. Because the mandatory minimums remain the same under the Fair Sentencing Act of 2010, defendant's guideline range remains at 120 months, and he is not eligible for a reduction in sentence under Amendment 750. Except as otherwise provided, all provisions of the judgment dated ______ shall remain in effect.
IT IS SO ORDERED.
Effective Date: _
(if different from order date)
Callie V. S. Granade
Judge's signature
UNITED STATES DISTRICT JUDGE
Printed name and title