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United States v. Bullock

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
Nov 29, 2011
No. CR 03-0005 VRW (N.D. Cal. Nov. 29, 2011)

Opinion

No. CR 03-0005 VRW

11-29-2011

UNITED STATES OF AMERICA, Plaintiff, v. LAWRENCE BULLOCK, Defendant.

RITA BOSWORTH Assistant Federal Public Defender J. DOUGLAS WILSON Assistant United States Attorney


BARRY J. PORTMAN

Federal Public Defender

RITA BOSWORTH

Assistant Federal Public Defender

Counsel for Defendant BULLOCK

STIPULATION AND [PROPOSED]

ORDER REGARDING SENTENCE

REDUCTION UNDER U.S.S.G. §

1B1.10(b)(1) (AS AMENDED BY 750,

PARTS A & C)

IT IS HEREBY STIPULATED AND AGREED, by and between the parties acting through their respective counsel, that: 1. The defendant is making an unopposed motion for a modification of his sentence pursuant to 18 U.S.C. § 3582(c)(2). 2. Defendant's original guideline calculation was as follows:

Total Offense Level: 33

Criminal History Category: III

Guideline Range: 168-210

Mandatory Minimum: 120 months 3. Defendant was sentenced to 168 months imprisonment on July 13, 2004. 4. On November 13, 2008, the defendant's sentence was reduced to 135 months. 5. According to the Bureau of Prisons, defendant's current projected release date is November 29, 2012. 6. Effective November, 1, 2011, defendant is eligible for a modification of his sentence pursuant to 18 U.S.C. § 3582(c), USSG § 1B1.10(b)(1), and Amendment 750, Parts A and C, of the United States Sentencing Guidelines Manual. 7. Defendant's revised guideline calculation is as follows:

Total Offense Level: 29

Criminal History Category: III

Guideline Range: 108-135 months 8. The parties have no reason to dispute the Reduction of Sentence Report submitted to the Court by the probation office. 9. Based upon the foregoing, the parties hereby stipulate that the Court may enter an order reducing defendant's sentence to 120 months. 10. The parties further stipulate that all other aspects of the original judgment order including the length of term of supervised release, all conditions of supervision, fines, restitution, and special assessment remain as previously imposed. 11. Defendant stipulates that he waives and does not request a hearing in this matter pursuant to Fed. R. Crim. P. 43, 18 U.S.C § 3582(c)(2); United States v. Booker, 543 U.S. 220 (2005) and Kimbrough v. United States, 128 S.Ct. 558 (2007). 12. Defendant waives his right to appeal the district court's sentence. 13. Accordingly, the parties agree that an amended judgment may be entered by the Court in accordance with this stipulation pursuant to 18 U.S.C. § 3582(c) and USSG § 1B1.10(b)(1), Amendment 750, Parts A and C, of the Sentencing Commission Guidelines Manual. The parties agree that a proposed amended judgment will be submitted to the Court by the probation office, along with the Sentencing Reduction Investigation Report.

IT IS SO STIPULATED:

RITA BOSWORTH

Assistant Federal Public Defender

J. DOUGLAS WILSON

Assistant United States Attorney

[PROPOSED] ORDER

Upon consideration of the stipulation submitted by the parties, it is hereby ORDERED that the defendant's sentence is reduced to 120 months; and it is further ORDERED that all original conditions of supervision, fines, restitution, and special assessment remain as previously imposed.

______________

United States District Judge


Summaries of

United States v. Bullock

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
Nov 29, 2011
No. CR 03-0005 VRW (N.D. Cal. Nov. 29, 2011)
Case details for

United States v. Bullock

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. LAWRENCE BULLOCK, Defendant.

Court:UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Date published: Nov 29, 2011

Citations

No. CR 03-0005 VRW (N.D. Cal. Nov. 29, 2011)