Opinion
Case No: 96-cr-00048-CMA-01 USM No: 26510-013
03-23-2012
Dana M. Casper, Appointed Defendant's Attorney
Date of Previous Judgment: July 10, 2008
(Use Date of Last Amended Judgment if Applicable)
Dana M. Casper, Appointed
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: 34 Amended Offense Level: 32
Criminal History Category: IV Criminal History Category: IV
Previous Guideline Range: 240 to 262 months Amended Guideline Term: 240 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 July 10, 2008, shall remain in effect.
IT IS SO ORDERED.
Effective Date: ___
(if different from order date)
____________
Judge's signature
Christine M. Arguello, United States District Judge
Printed name and title