Opinion
Case No: 05-cr-00067-WYD-01 USM No: 33262-013
09-14-2012
United States of America v. SIMON JOSE LAGUNAS
Joseph Saint-Veltri, Appointed Defendant's Attorney
Date of Previous Judgment: December 29, 2005
(Use Date of Last Amended Judgment if Applicable)
Joseph Saint-Veltri, 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: 31 Amended Offense Level: 25
Criminal History Category: I Criminal History Category: I
Previous Guideline Range: 120 to 135 months Amended Guideline Term: 120 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 December 29, 2005, shall remain in effect.
IT IS SO ORDERED.
Effective Date: ____________
(if different from order date)
Wiley Y. Daniel
Judge's signature
Wiley Y. Daniel, Chief United States District Judge
Printed name and title