Opinion
5:15-cr-73-KDB-DCK-6
02-06-2024
United States of America v. Eric Germaine Summers
USM No: 30901-058
Date of Original Judgment: 08/10/2016
ORDER REGARDING MOTION FOR SENTENCE REDUCTION PURSUANT TO 18 U.S.C. § 3582(c)(2)
KENNETH D. BELL, UNITED STALES DISTRICT JUDGE.
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 policy statement set forth at USSG §1B 1.10 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. [X] GRANTED and the defendant's previously imposed sentence of imprisonment (as reflected in the last judgment issued) of 121months is reduced to 120 months.
(See Page 2 for additional parts. Complete Parts I and II of Page 2 when motion is granted)
Except as otherwise provided, all provisions of the judgment dated 08/10/2016 shall remain in effect.
IT IS SO ORDERED
This page contains information that should not be filed in court unless under seal.
(Not for Public Disclosure)
DEFENDANT: Eric Germaine Summers
CASE NUMBER: 5:15-cr-73-KDB-DCK-6
DISTRICT: Western District of North Carolina
I. COURT DETERMINATION OF GUIDELINE RANGE (Prior to Any Departures)
Previous Total Offense Level: 29 Amended Total Offense Level: 29
Criminal History Category: IV Criminal History Category: IIIPrevious Guideline Range: 121 to 151 months Amended Guideline Range: 120 to 135 months
II. SENTENCE RELATIVE TO THE 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 substantial assistance departure or Rule 35 reduction, and the reduced sentence is comparably less than the amended guideline range.
[ ] The reduced sentence is above the amended guideline range.
III. FACTORS CONSIDERED UNDER USSG § 1B1.10 AND 18 U.S.C. § 3553(a) (See Chavez-Meza v. United States, 138 S.Ct. 1959 (2018))
For the reasons stated in the motion. (Doc. No. 326).