Opinion
Case No: 4:08-cr-1252 (TLW) USM No: 16970-171
07-02-2012
United States of America v. Cinque Aston Purefoy
Pro se Defendant's Attorney
Date of Previous Judgment: October 6, 2009
(Use Date of Last Amended Judgment if Applicable
Pro se
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 (Doc.# 176). The defendant's sentence was governed in large part by the statutory mandatory minimum sentence of 120 months imprisonment for his conviction. Although the top of defendant's guideline range slightly exceeded the mandatory minimum, the court departed downward from the 120-month mandatory minimum sentence pursuant to U.S.S.G. § 5K1.1, and arrived at a new sentence of 80 months. Amendment 750 does not apply to this situation because it does not have the effect of lowering the defendant's guideline range, due to the application of the mandatory minimum sentence from which the court departed.
IT IS SO ORDERED.
Effective Date:
(if different from above)
Terry L. Wooten
Judge's signature
Terry L. Wooten, United States District Judge