Opinion
Case No: 94-cr-00210-LTB-01 USM No: 25548-013
02-09-2012
Raymond P. Moore, FPD Defendant's Attorney
Date of Previous Judgment: December 8, 2000
(Use Date of Last Amended Judgment if Applicable)
Raymond P. Moore, FPD
Defendant's Attorney
Order Regarding Motion for Sentence Reduction Pursuant to 18 U.S.C. § 3582(c)(2)
Upon motion of [×] the defendant [] the Director of the Bureau of Prisons [] the court under 18 U.S.C. § 3582(c)(2) for a reduction in the term of imprisonment imposed based on a guideline sentencing range that has subsequently been lowered and made retroactive by the United States Sentencing Commission pursuant to 28 U.S.C. § 994(u), and having considered such motion, and taking into account the sentencing factors set forth in 18 U.S.C. § 3553(a), to the extent that they are applicable, IT IS ORDERED that the motion is:
[×] DENIED. [] GRANTED and the defendant's previously imposed sentence of imprisonment (as reflected in the last judgment issued) of ___ months is reduced to ___. I. COURT DETERMINATION OF GUIDELINE RANGE (Prior to Any Departures) Previous Offense Level: 34 Amended Offense Level: 344 Criminal History Category: VI Criminal History Category: VI Previous Guideline Range: 262 to 327 months Amended Guideline Range: 262 to 327 months
II. SENTENCE RELATIVE TO AMENDED GUIDELINE RANGE
[] The reduced sentence is within the amended guideline range.
[] The previous term of imprisonment imposed was less than the guideline range applicable to the defendant at the time of sentencing as a result of a departure or Rule 35 reduction, and the reduced sentence is comparably less than the amended guideline range.
[] Other (explain):
III. ADDITIONAL COMMENTS
Except as provided above, all provisions of the judgment dated December 8, 2000, shall remain in effect.
IT IS SO ORDERED.
Effective Date: ___
(if different from order date)
Lewis T. Babcock
Judge's signature
Lewis T. Babcock , Senior United States District Judge
Printed name and title