Opinion
8:04CR326.
August 26, 2008
ORDER
This matter is before the Court on defendant's motions to reduce sentence (Filing Nos. 130 and 137), defendant's motion for leave to proceed in forma pauperis (Filing No. 131), and the joint stipulation of the parties (Filing No. 139). Pursuant to the retroactive amendment to the cocaine base guidelines, the defendant's final offense level is reduced from 32 to 30. His criminal history category remains at V. The government and defense agree that his sentence should be reduced to one hundred (100) months imprisonment, considering the prior computation of specific offense characteristics, adjustments, and departures. Accordingly,
IT IS ORDERED:
1) Said motions to reduce sentence are granted and the stipulation of the parties is approved and adopted; the sentence of the defendant is reduced to one hundred (100) months.
2) Defendant's motion for leave to proceed in forma pauperis is denied as moot.
3) The conditions of supervised release entered in the original judgment and committal order remain in full force and effect.