Opinion
Case No: 04-cr-00185-REB-01 USM No: 23212-013
11-14-2011
United States of America v. michael tyrone somerville
Raymond P. Moore, FPD Defendant's Attorney
Date of Previous Judgment: August 11, 2010
(Use Date of Last Amended Judgment if Applicable)
Raymond P. Moore, FPD
Defendant's Attorney
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 issued) of 262 months as to each of Counts I through IV is reduced to
168 months , to be served concurrently with each other and with the 120-month sentence imposed on Count VII.
I. COURT DETERMINATION OF GUIDELINE RANGE (Prior to Any Departures)
Previous Offense Level: 36 Amended Offense Level: 32
Criminal History Category: IV Criminal History Category: IV
Previous Guideline Range: 262 to 327 months Amended Guideline Range: 168 to 210 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):
III. ADDITIONAL COMMENTS
Except as provided above, all provisions of the judgment dated June 27, 2005, shall remain in effect.
IT IS SO ORDERED.
Effective Date: _________________
(if different from order date)
Robert E. Blackburn
Judge's signature
Robert E. Blackburn, United States District Judge
Printed name and title