Opinion
Case No: 4:04CR556TLW(1) USM No: 11386-171
02-28-2012
United States of America v. Frederick Abraham McKenzie
William F. Nettles, IV, Public Defender Defendant's Attorney
Date of Previous Judgment: October 7, 2009
(Use Date of Last Amended Judgment if Applicable
William F. Nettles, IV, Public Defender
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 policy statement set forth at USSG § 1B1.10 and 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 one hundred seventy months (170) months is reduced to one hundred forty-four (144) months. In the event this sentence is less than the amount of time Defendant has already served, this sentence is reduced to a time-served sentence of imprisonment.
(Complete Parts I and II of Page 2 when motion is granted.)
Except as provided above, all provisions of the original judgment filed March 22, 2005 shall remain in effect.
IT IS SO ORDERED.
Effective Date:
(if different from order date)
Terry L. Wooten
Judge's signature
Terry L. Wooten, United States District Judge
Printed name and title