Opinion
Case No: 97-048S(WHW)
03-13-2012
Date of Previous Judgment: ______________________
(Use Date of Last Amended Judgment if Applicable)
USM No:
______________________
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 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 ______________________ months is reduced to ______________________.
I. COURT DETERMINATION OF GUIDELINE RANGE (Prior to Any Departures)
Previous Offense Level: ___________ Amended Offense Level: ___________
Criminal History Category: ___________ _Criminal History Category: ___________
Previous Guideline Range: _______ to _______months Amended Guideline Range: ______ to ______months
II. SENTENCE RELATIVE TO AMENDED GUIDELINE RANGE
[] 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)'.
III. ADDITIONAL COMMENTS
Except as provided above, all provisions of the judgment dated ___________ shall remain in effect. IT IS SO ORDERED.
______________________
Judge's a signature
Effective Date: ______________________
(if different from order date)
______________________
Printed name and title