Opinion
Case No: CR06-392-BR USM No: 55887-065
11-02-2011
United States of America v. Kyllo Perm,
Susan Russell Defendant's Attorney
Date of Original Judgment: 09/23/2008
Date of Previous Amended Judgment: _____
(Use Date of Last Amended Judgment if Any)
Susan Russell
Defendant's Attorney
ORDER REGARDING MOTION FOR SENTENCE REDUCTION
PURSUANT TO 18 U.S.C, § 3582(c)(2)
Upon motion of [v] 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 § 1B 1.10 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. [v] GRANTED and the defendant's previously imposed sentence of imprisonment (as reflected in the last judgment issued) of 188 ________________________________
months is reduced to 121 months.
(Complete Parts I and II of Page 2 when motion is granted)
Except as otherwise provided, all provisions of the judgment dated 09/23/2008 shall remain in effect. IT IS SO ORDERED.
______
Judge's signature
Effective Date: _____
(if different from order date)
U.S. District Judge Anna Brown
Printed name and title
I. COURT DETERMINATION OF GUIDELINE RANGE//Ww to Any Departures)
Previous Total Offense Level: 32
Criminal History Category: III
Previous Guideline Range: 151 to 188 months
Amended Total Offense Level: 28
Criminal History Category: III
Amended Guideline Range: 97 to 121 months
II. SENTENCE RELATIVE TO THE AMENDED GUIDELINE RANGE [v] 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 substantial assistance departure or Rule 35 reduction, and the reduced sentence is comparably less than the amended guideline range.
[] The reduced sentence is above the amended guideline range.
III. ADDITIONAL COMMENTS