Opinion
Case No: 09-446(WHN)
03-13-2012
United States of America v. Fanklin
Date of Previous Judgment: _______________
(Use Date of Last Amended Judgment if Applicable)
USM No: _______________
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: ¦Amended Offense Level: ¦ +-----------------------------------+----------------------------------¦ ¦Criminal History Category: ¦Criminal History Category: ¦ +-----------------------------------+----------------------------------¦ ¦Previous Guideline Range: to months¦Amended Guideline Range: to 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 _______________ shall remain in effect.
IT IS SO ORDERED.
Effective Date: _______________
(if different from order date)
_______________
Judge's signature
_______________
Printed name and title