Opinion
No. Cr. F 08-263 LJO
01-09-2012
UNITED STATES OF AMERICA, Plaintiff, v. CLIFTON MYERS, Defendant.
BENJAMIN B. WAGNER United States Attorney DANIEL J. BRODERICK Federal Defender KIMBERLY A. SANCHEZ Assistant U.S. Attorney Attorney for Plaintiff UNITED STATES OF AMERICA DAVID M. PORTER Assistant Federal Defender Attorney for Movant CLIFTON MYERS
DANIEL J. BRODERICK, #89424
Federal Defender DAVID M. PORTER, Bar #127024
Assistant Federal Defender
Counsel Designated for Service
Attorney for Defendant
CLIFTON MYERS
STIPULATED MOTION TO REDUCE SENTENCE PURSUANT TO 18 U.S.C. § 3582(c)(2); [lodged] ORDER
RETROACTIVE CRACK COCAINE REDUCTION CASE
Judge: LAWRENCE J. O'NEILL
Defendant, CLIFTON MYERS, by and through his attorney, Assistant Federal Defender David M. Porter, and plaintiff, UNITED STATES OF AMERICA, by and through its counsel, Assistant U.S. Attorney Kimberly A. Sanchez, hereby stipulate as follows:
1. Pursuant to 18 U.S.C. § 3582(c)(2), this court may reduce the term of imprisonment in the case of a defendant who has been sentenced to a term of imprisonment based on a sentencing range that has subsequently been lowered by the Sentencing Commission pursuant to 28 U.S.C. § 994(o);
2. By judgment dated April 23, 2009, this Court sentenced Mr. Myers to a term of imprisonment of 96 months based on the government's motion;
3. The sentencing range applicable to Mr. Myers was subsequently lowered by the United States Sentencing Commission in Amendment 750;
4. Mr. Myers' new total offense level has been reduced from 31 to 29, and a sentence at the low end of the new guideline range with a departure comparable to the reduction he received at the original sentencing would be 70 months;
5. Accordingly, the parties request the court enter the order lodged reducing Mr. Myers' term of imprisonment to a term of 70 months. Dated: January 9, 2012
Respectfully submitted,
BENJAMIN B. WAGNER
United States Attorney
DANIEL J. BRODERICK
Federal Defender
_________
KIMBERLY A. SANCHEZ
Assistant U.S. Attorney
Attorney for Plaintiff
UNITED STATES OF AMERICA
____________
DAVID M. PORTER
Assistant Federal Defender
Attorney for Movant
CLIFTON MYERS
ORDER
This matter came before the Court on the stipulated motion of the defendant for reduction of sentence pursuant to 18 U.S.C. § 3582(c)(2).
The parties agree, and the Court finds, that Mr. Myers is entitled to the benefit of the retroactive amendment reducing crack cocaine penalties, which reduces the total offense level from 31 to 29, and a sentence at the low end of the new guideline range with a departure comparable to the reduction he received at the original sentencing would be 70 months.
IT IS HEREBY ORDERED that the term of imprisonment imposed on November 25, 2009 is reduced to a term of 70 months.
IT IS FURTHER ORDERED that all other terms and provisions of the original judgment remain in effect.
Unless otherwise ordered, Mr. Myers shall report to the United States Probation office closest to the release destination within seventy-two hours after his release. IT IS SO ORDERED.
Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE