Opinion
HEATHER E. WILLIAMS, Federal Defender, HANNAH R. LABAREE, Assistant Federal Defender, Counsel Designated for Service Sacramento, California, Attorneys for Defendant JUAN VEGA, JR.
STIPULATED MOTION AND ORDER TO REDUCE SENTENCE PURSUANT TO 18 U.S.C. § 3582(c)(2) RETROACTIVE DRUGS-MINUS-TWO REDUCTION CASE
TROY L. NUNLEY, District Judge.
Defendant, JUAN VEGA, JR., by and through his attorney, Assistant Federal Defender Hannah R. Labaree, and plaintiff, UNITED STATES OF AMERICA, by and through its counsel, Assistant U.S. Attorney Jason Hitt, 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 June 23, 2009, this Court sentenced Mr. Vega to a total term of 144 months imprisonment, comprised of 48 months on each of three counts under 21 U.S.C. § 843(b);
3. His total offense level was 33, his criminal history category was III, and the resulting guideline range was 168 to 210 months. The statutory maximum was 144 months;
4. The sentencing range applicable to Mr. Vega 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. Vega's total offense level has been reduced from 33 to 31, and his amended guideline range is 135 to 168 months. The statutory maximum remains 144 months;
6. Accordingly, the parties request the Court enter the order lodged herewith reducing Mr. Vega's term of imprisonment to a total term of 135 months, comprised of 48 months on each of Counts 12 and 13 of the Superseding Indictment and 39 months on Count 1 of the Superseding Information.
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. Vega is entitled to the benefit Amendment 782, which reduces the total offense level from 33 to 31, resulting in an amended guideline range of 135 to 168 months.
IT IS HEREBY ORDERED that the term of imprisonment imposed in June 2009 is reduced to a term of 135 months.
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. Vega shall report to the United States Probation Office within seventy-two hours after his release.