U.S. v. McCain

Full title: UNITED STATES OF AMERICA v. CEDRIC DESMOND McCAIN

Court: United States District Court, W.D. Louisiana, Lake Charles Division

Date published: Mar 3, 2008

DOCKET NO. 2:06 CR 20024-001, JUDGE MINALDI, MAGISTRATE JUDGE KAY USM No: 13077-035 (W.D. La. Mar. 3, 2008)

Opinion

DOCKET NO. 2:06 CR 20024-001, JUDGE MINALDI, MAGISTRATE JUDGE KAY USM No: 13077-035.

March 3, 2008

ORDER

PATRICIA MINALDI, District Judge

Upon the motion of the court under 18 U.S.C. § 3582(c)(2) for a reduction in the term of imprisonment 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,

IT IS ORDERED that the motion is DENIED.

The defendant in this case was previously sentenced to the mandatory minimum.

IT IS ORDERED that the parties have ten (10) days from the date of this Order to file any objections which will be considered as contemporaneous objections for the record. In the absence of any objections, this Order will be considered final in ten (10) days from the date of this Order.

Lake Charles, Louisiana. W LA 2:06 CR 20024-001 13077-035 Am. 9/1/06 USPD

UNITED STATES DISTRICT COURT for the District of United States of America ) v. ) Cedrie Desmond McCain ) Case No: ) USM No: Date of Previous Judgment: ) (Use Date of Last Amended Judgment if Applicable) ) 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,

IT IS ORDERED that the motion is: is reduced to

DENIED. GRANTED and the defendant's previously imposed sentence of imprisonment (as reflected in the last judgment issued) of _______________ months _______________. I. COURT DETERMINATION OF GUIDELINE RANGE (Prior to Any Departures) Previous Offense Level: __________ Amended Offense Level: __________ Criminal History Category: __________ Criminal History Category: __________ Previous Guideline Range: _____ to _____ months Amended Guideline Range: _____ to _____ 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 __________ shall remain in effect.

IT IS SO ORDERED. 3/3/08 3/3/08

Order Date: ___________________________________ Judge's signature Effective Date: ___________________________________ (if different from order date) Printed name and title