Opinion
Case No: CR. 01-292-01 USM No: 23970-050
04-25-2012
United States of America v. ELADIO WILFREDO CRUZ
AFPD ESTHER SALAS * Defendant's Attorney
Date of Previous Judgment: 06/24/02
(Use Date of Last Amended Judgment if Applicable)
AFPD ESTHER SALAS*
Defendant's Attorney
Order Regarding Motion for Sentence Reduction Pursuant to 18 U.S.C. § 3582(c)(2)
Upon motion of X the defendant O the Director of the Bureau of Prisons O 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,
IT IS ORDERED that the motion is:
X 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: _
Criminal History Category: _
Previous Guideline Range: _ to _months
Amended Offense Level: ____________
Criminal History Category: ____________
Amended Guideline Range: ____________
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,
x Other (explain): Defendant is ineligible as a career offender
III. ADDITIONAL COMMENTS
Except as provided above, all provisions of the judgment dated 06/24/02 shall remain in effect.
IT IS SO ORDERED.
Effective Date: ____________
(if different from order date)
____________
Judge's signature
WILLIAM J. MARTINI , U.S.D.J.
Printed name and title
* ESTHER SALAS IS NOW A U.S. DISTRICT JUDGE IN THE DISTRICT OF NEW JERSEY