Opinion
Case No: 01-cr-00214-WYD-04 USM No: 30411-013
05-23-2012
United States of America v. ALVIN GREEN
Lester Nieves, Appointed Defendant's Attorney
Date of Previous Judgment: April 12, 2004
(Use Date of Last Amended Judgment if Applicable)
Lester Nieves, Appointed
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:
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: 34 Amended Offense Level: 28
Criminal History Category: IV Criminal History Category: IV
Previous Guideline Term: Life Amended Guideline Range: Life
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 April 12, 2004, shall remain in effect.
IT IS SO ORDERED.
Wiley Y. Daniel
Judge's signature
Effective Date: ____________
(if different from order date)
Wiley Y. Daniel, Chief United States District Judge
Printed name and title