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United States v. Fultz

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE
Oct 29, 2015
CASE NO. 3:12-CR-3-PLR (E.D. Tenn. Oct. 29, 2015)

Opinion

CASE NO. 3:12-CR-3-PLR

10-29-2015

UNITED STATES OF AMERICA v. IRA FULTZ


MEMORANDUM AND ORDER

This matter is before the court on the defendant's motion for sentence reduction pursuant to Amendment 782 to the United States Sentencing Guidelines [R. 341]. The government has responded deferring to the court's discretion whether and to what extent to reduce defendant's sentence [R. 347]. The United States Probation Office has provided the court with a memorandum regarding retroactivity of Amendment 782. The defendant is presently scheduled for release on February 16, 2017.

The defendant was convicted of conspiracy to distribute and possession with intent to distribute Oxycodone, in violation of 21 U.S.C. §§ 846, 841(a)(1) and (b)(1)(C). At sentencing, defendant's base offense level was 27, with a criminal history category V, resulting in an advisory guideline range of 120 - 150 months. Prior to sentencing, the government filed a motion for downward departure for substantial assistance. Defendant was sentenced on October 5, 2012, to 84 months imprisonment (30% reduction).

Amendment 782 reduces the guideline range applicable to defendant. Pursuant to Amendment 782, defendant's base offense level is 25, with a criminal history category V, resulting in an amended guideline range of 100 - 125 months. Giving defendant a comparable adjustment (30% reduction), and taking into account the policy statements set forth at USSG § 1B1.10 and the sentencing factors set forth in 18 U.S.C. § 3553(a), it is hereby ORDERED that the defendant's motion [R. 341] is GRANTED, and the defendant's sentence is reduced to 70 months.

If this sentence is less than the amount of time the defendant has already served, the sentence is reduced to a "time served" sentence. See USSG § 1B1.10(b)(2)(C).

Except as provided above, all provisions of the judgment dated October 9, 2012, shall remain in effect. The effective date of this order is November 2, 2015. See USSG § 1B1.10(e)(1).

IT IS SO ORDERED.

Enter:

/s/_________

UNITED STATES DISTRICT JUDGE


Summaries of

United States v. Fultz

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE
Oct 29, 2015
CASE NO. 3:12-CR-3-PLR (E.D. Tenn. Oct. 29, 2015)
Case details for

United States v. Fultz

Case Details

Full title:UNITED STATES OF AMERICA v. IRA FULTZ

Court:UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE

Date published: Oct 29, 2015

Citations

CASE NO. 3:12-CR-3-PLR (E.D. Tenn. Oct. 29, 2015)