Opinion
Case No: 06-cr-00494-CMA-01 USMNo: 34539-013
11-01-2011
United States of America v. ALAN JACKSON
Raymond P. Moore, FPD Defendant's Attorney
Date of Previous Judgment: May 9, 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 D the Director of the Bureau of Prisons O 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 135 months is reduced to 120 months __________ as to each of Counts One and Two, to be served concurrently.
I. COURT DETERMINATION OF GUIDELINE RANGE (Prior to Any Departures)
+-----------------------------------------------------------------------------+ ¦Previous Offense ¦31 ¦Amended Offense Level:¦29 ¦ ¦Level: ¦ ¦ ¦ ¦ +----------------------+---------------+----------------------+---------------¦ ¦Criminal History ¦III ¦Criminal History ¦m ¦ ¦Category: ¦ ¦Category: ¦ ¦ +----------------------+---------------+----------------------+---------------¦ ¦Previous Guideline ¦135 to 168 ¦Amended Guideline ¦120 to 135 ¦ ¦Range: ¦months ¦Range: ¦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
Except as provided above, all provisions of the judgment dated May 10, 2007, shall remain in effect.
IT IS SO ORDERED.
Effective Date: __________
(if different from order date)
__________
Judge's signature
Christine M. Arguello , United States District Judge
Printed name and title