Opinion
Case No: 04-CR-6157 USM No: 12446-055
10-27-2011
UNITED STATES OF AMERICA v. BRANDON PRITCHETT
Mary Beth Covert, A.F.P.D. Defendant's Attorney
Mary Beth Covert, A.F.P.D.
Defendant's Attorney
Date of Previous Judgment or
Last Sentencing Reduction 4/9/09
(Use Date of Last Order of the Court)
Order Regarding Motion for Sentence Reduction Pursuant to 18 U.S.C. § 3582(c)(2)
Upon motion of X 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 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. X GRANTED and the defendant's previously imposed sentence of imprisonment (as reflected in the last judgment or sentencing reduction issued) of 84 months is reduced to 70 months I. COURT DETERMINATION OF GUIDELINE RANGE (Prior to Any Departures) Previous Offense Level: 25 Amended Offense Level: 23 Criminal History Category: IV Criminal History Category: IV Previous Guideline Range: 84 to 105 months Amended Guideline Range: 70 to 87 months
II. SENTENCE RELATIVE TO AMENDED GUIDELINE RANGE
X 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 departure or Rule 35 reduction, and the reduced sentence is comparably less than the amended guideline range. [] Other (explain): Effective November 1, 2011, the defendant will have served 70 months and 8 days, therefore, the defendant is sentenced to time served and is eligible for immediate release.
III. ADDITIONAL COMMENTS
Except as provided above, all provisions of the judgment dated 4/9/09 shall remain in effect.
IT IS SO ORDERED.
Hon. Charles J. Siragusa
Printed name and title
Effective Date: November 1, 2011
(if different from order date)