Opinion
Case No: 04-cr-00186-WYD-01 USM No: 33299-013
11-14-2011
United States of America v. SAMUEL EVERETT
Raymond P. Moore, FPD Defendant's Attorney
Date of Previous Judgment: June 13, 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 X 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. X GRANTED and the defendant's previously imposed sentence of imprisonment (as reflected in the last judgment issued) of 120 months_ is reduced to 84 months_ I. COURT DETERMINATION OF GUIDELINE RANGE (Prior to Any Departures)
Previous Offense Level: 27 Amended Offense Level: 23
Criminal History Category: V Criminal History Category: V
Previous Guideline Range: 120 to 150 months Amended Guideline Range: 84 to 105 months
II. SENTENCE RELATIVE TO AMENDED GUIDELINE RANGE
X 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. Except as provided above, all provisions of the judgment dated December 29, 2005, shall remain in effect.
IT IS SO ORDERED.
Effective Date: November 1, 2011
(if different from order date)
Wiley Y. Daniel
Judge's signature
Wiley Y. Daniel , Chief United States District Judge
Printed name and title