Opinion
Case No: 07-cr-00172-CMA-17 USM No: 34920-013
12-07-2011
United States of America v. RUSTY MARTINEZ
Raymond P. Moore, FPD Defendant's Attorney
Date of Previous Judgment: May 29, 2009
(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 × 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 96 months is reduced to 77 months.
I. COURT DETERMINATION OF GUIDELINE RANGE (Prior to Any Departures)
+-----------------------------------------------------------------------------+ ¦Previous Offense ¦37 ¦Amended Offense Leve]:¦35 ¦ ¦Leve]: ¦ ¦ ¦ ¦ +----------------------+---------------+----------------------+---------------¦ ¦Criminal History ¦III ¦Criminal History ¦III ¦ ¦Category: ¦ ¦Category: ¦ ¦ +----------------------+---------------+----------------------+---------------¦ ¦Previous Guideline ¦262 to 327 ¦Amended Guideline ¦210 to 262 ¦ ¦Range: ¦months ¦Range: ¦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 May 29, 2009, shall remain in effect.
IT IS SO ORDERED.
Christine M. Arguello
Judge's signature
Effective Date: _______________
(if different from order date)
Christine M. Arguello, United States District Judge
Printed name and title