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United States v. Eleazer

United States District Court for the District of Colorado
Oct 24, 2011
Case No: 02-cr-00076-LTB-01 (D. Colo. Oct. 24, 2011)

Opinion

Case No: 02-cr-00076-LTB-01 USM No: 31075-013

10-24-2011

United States of America v. mario leavell eleazer

Raymond P. Moore, FPD Defendant's Attorney


Date of Previous Judgment: May 21, 2008

(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 159months is reduced to 120 months I. COURT DETERMINATION OF GUIDELINE RANGE (Prior to Any Departures)

+-----------------------------------------------------------------------------+ ¦Previous Offense ¦35 ¦Amended Offense Level:¦33 ¦ ¦Level: ¦ ¦ ¦ ¦ +----------------------+---------------+----------------------+---------------¦ ¦Criminal History ¦IV ¦Criminal History ¦IV ¦ ¦Category: ¦ ¦Category: ¦ ¦ +----------------------+---------------+----------------------+---------------¦ ¦Previous Guideline ¦235 to 293 ¦Amended Guideline ¦188 to 235 ¦ ¦Range: ¦months ¦Range: ¦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

Should the defendant not have a stable residence upon his release from custody, the defendant shall reside in a Residential Reentry Center (RRC) for a period of up to 120 days as directed by his probation officer, and shall observe the rules of that facility. The defendant shall be released from the custody of the Bureau of Prisons within ten days of the effective date of this order.

Except as provided above, all provisions of the judgment dated December 26, 2002 shall remain in effect.

IT IS SO ORDERED.

Effective Date: November 1, 2011

(if different from order date)

Lewis T. Babcock

Judge's signature

Lewis T. Babcock, Senior United States District Judge

Printed name and title


Summaries of

United States v. Eleazer

United States District Court for the District of Colorado
Oct 24, 2011
Case No: 02-cr-00076-LTB-01 (D. Colo. Oct. 24, 2011)
Case details for

United States v. Eleazer

Case Details

Full title:United States of America v. mario leavell eleazer

Court:United States District Court for the District of Colorado

Date published: Oct 24, 2011

Citations

Case No: 02-cr-00076-LTB-01 (D. Colo. Oct. 24, 2011)