Opinion
Criminal Case No. 09-cr-00360-REB-05.
December 14, 2010
ORDER GRANTING GOVERNMENT'S MOTION FOR SENTENCE REDUCTION
The matter before me is the Government's Motion For Post-Sentencing Reduction Under the Provisions of Rule 35(b), Fed.R.Crim.P. [#248] filed December 14, 2010. After careful review of the motion and the response of the defendant [#249] December 14, 2010, I grant the motion because I find and conclude that under Fed.R.Crim.P. 35(b)(1), the motion is made within one year of sentencing, and the defendant, after sentencing, provided substantial assistance in investigating and prosecuting codefendant, Arturo Silva.
"[#248]" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's electronic case filing and management system (CM/ECF). I use this convention throughout this order.
THEREFORE, IT IS ORDERED as follows:
1. That Government's Motion For Post-Sentencing Reduction Under the Provisions of Rule 35(b), Fed.R.Crim.P. [#248] filed December 14, 2010, is GRANTED;
2. That effective immediately, defendant's sentence of imprisonment is REDUCED to TIME SERVED;
3. That the Judgment in a Criminal Case [#126] entered April 27, 2010, SHALL BE AMENDED and SUPPLEMENTED consistent with this order; and
4. That as soon as practicable, a copy of this order SHALL BE SERVED on the Bureau of Prisons to expedite the release and discharge of the defendant.
Dated December 14, 2010, at Denver, Colorado.