Opinion
Case No: 4:06CR00004-001 USM No: 11956-084
01-24-2012
United States of America v. DAVID SERVIN-TERRASAS
Date of Previous Judgment: 03/03/2008
(Use Date of Last Amended Judgment if Applicable)
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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 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 ___. I. COURT DETERMINATION OF GUIDELINE RANGE (Prior to Any Departures)
Previous Offense Level: ___ Amended Offense ___
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 was sentenced to the mandatory minimum sentence which is not reduced by Amendment 750.
Except as provided above, all provisions of the judgment dated ___ shall remain in effect.
IT IS SO ORDERED.
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Judge's Signature
Effective Date: ___
(if different from order date)
Senior United States District Judge
Printed name and title