Opinion
Case No: 2:08-CR-5-1FL USM No: 25647-056
02-13-2013
Thomas P. McNamara Defendant's Attorney
Date of Original Judgment: 09/12/2008
Date of Previous Amended Judgment:
(Use Date of Lost Amended Judgment if Any)
Thomas P. McNamara
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 _ months is reduced to _________________________________ The defendant was sentenced at the statutory minimum and that minimum did not change as a result of the retroactive amendment. See United States v. Copeland, No. 12-8027, 2013 WL 239092 (4th Cir. Jan. 23, 2013) (unpublished). If the amount of time the defendant has already served exceeds this sentence, the sentence is reduced to a "Time Served" sentence, subject to an additional period of up to ten (10) days for administrative purposes of releasing the defendant.
(Complete Parts I and II of Page 2 when motion is granted)
Except as otherwise provided, all provisions of the judgment(s) dated August 12, 2008 shall remain in effect. IT IS SO ORDERED. Effective Date: _
(if different from order date)
EDNC Rev. 11/8/2011 _________________________________
Judge's signature
Louise W. Flanagan , U.S. District Judge
Printed name and title