Opinion
Case No. CR2-04-195.
February 28, 2006
ORDER
This matter is before the Court on the Government's Motion for Downward Department pursuant to Rule 35 of the Federal Rules of Criminal Procedure. Based on the arguments set forth in the Government Motion, the Court finds the Government's Motion well taken and thereby GRANTS same. The Defendant is given an additional three level downward departure from the Defendant's present Advisory Guidelines offense level of 30, thereby giving the Defendant an Advisory Guideline offense level of 27 with a criminal history category I. Based on such computations, the Defendant is sentenced to a term of incarceration of 72 months. Further, the defendant is to be incarcerated in the Bureau of Prisons facility located in Ashland, Ky. All other aspects of the Defendant's Judgment entered on September 2, 2005, shall remain the same.
IT IS SO ORDERED.