Opinion
Case No: 2:04cr00372 -01 USM No: 15366-097
01-31-2012
United States of America v. GARY DEWAYNE MCWHORTER
DAVID M. PORTER, AFD Defendant's Attorney
Date of Original Judgment: 1/26/2006
Date of Previous Amended Judgment: 8/5/2010
(Use Date of Last Amended Judgment if Any)
DAVID M. PORTER, AFD
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 188 months is reduced to 151 months.
(Complete Parts I and II of Page 2 when motion is granted)
Except as otherwise provided, all provisions of the judgment dated 1/26/2006 shall remain in effect.
IT IS SO ORDERED.
Effective Date: ____________
(if different from order date)
John A. Mendez
Judge's signature
JOHN A. MENDEZ, U.S. DISTRICT COURT JUDGE
Printed name and title