Opinion
Case No: 91-cr-00188-LTB-04 USM No: 97346-012
02-09-2012
United States of America v. ANTHONY WALTER SMITH
Raymond P. Moore, FPD Defendant's Attorney
Raymond P. Moore, FPD
Defendant's Attorney
Date of Previous Judgment: July 24, 2008
(Use Date of Last Amended Judgment if Applicable)
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: ¦43 ¦Amended offense Level: ¦43 ¦ +--------------------------+----+--------------------------+----¦ ¦Criminal History Category:¦II ¦Criminal History Category:¦II ¦ +--------------------------+----+--------------------------+----¦ ¦Previous Guideline Range: ¦Life¦Amended Guideline Range: ¦Life¦ +---------------------------------------------------------------+
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 February 19, 1993, shall remain in effect.
IT IS SO ORDERED.
Lewis T. Babcock
Judge's signature
Effective Date: _______________
(if different from order date)
Lewis T. Babcock , Senior United States District Judge
Printed name and title