Opinion
CAUSE NO. EP-13-CR-800-DB(18)
06-05-2015
UNITED STATES v. BILLY JACK BARROW, JR.
AGREED ORDER AMENDING JUDGMENT
The Court considers this case pursuant to its authority under 18 U.S.C. § 3582(c)(2) and Federal Rule of Criminal Procedure 43(b)(4). In Amendment 782 to the Sentencing Guidelines, effective November 1, 2014, the U.S. Sentencing Commission lowered the penalties for most drug offenses by reducing most offense levels on the § 2D1.1 Drug Quantity Table by two levels. In Amendment 788 to the Sentencing Guidelines, the U.S. Sentencing Commission decreed that Amendment 782 may be applied retroactively to lower the sentences of previously sentenced inmates provided that the effective date of the court's order is November 1, 2015, or later. See, U.S.S.G. 1B1.10, amended 788.
The parties agree that a reduction from the Defendant's current sentence of 24 months is appropriate in this case. The Court having considered the guidelines, and pursuant to the Sentencing Reform Act, the guideline policy statements, and 18 U.S.C. § 3553(a), concurs with the parties. Based on the amended guideline and the reasons previously set forth in the Statement of Reasons included in the judgment and commitment order in this case, the Court finds that an amended sentence of 19 months or time served, whichever is later, is appropriate in this case. The Court finds that this sentence is sufficient, but not greater than necessary in light of the sentencing objectives in §3553(a)(2). The Court hereby ORDERS as follows:
(1) Defendant's sentence is reduced to 19 months or time served, whichever is later;A copy of this agreed order shall be transmitted to the Bureau of Prisons.
(2) All other terms and provisions of the original judgment remain in effect.
ORDERED on this the 5th day of June, 2015.
EFFECTIVE DATE: November 2. 2015 .
/s/_________
DAVID BRIONES
SENIOR UNITED STATES DISTRICT JUDGE
AGREED: /s/_________
JOHN GIBSON
ASSISTANT UNITED STATES ATTORNEY
/s/_________
EDGAR H. HOLGUIN
ASSISTANT FEDERAL PUBLIC DEFENDER