U.S. v. Sharpley

Full title: UNITED STATES OF AMERICA v. JOSEPH SHARPLEY

Court: United States District Court, N.D. New York

Date published: Jun 5, 2009

Case Number: 5:04-cr-00388-001, USM Number: 12771-052 (N.D.N.Y. Jun. 5, 2009)

Opinion

Case Number: 5:04-cr-00388-001, USM Number: 12771-052.

June 5, 2009

Lisa Peebles, Esq., Defendant's Attorney.

ORDER REGARDING MOTION FOR SENTENCE REDUCTION PURSUANT TO 18 U.S.C. § 3582(c)(2)

NORMAN MORDUE, 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,

IT IS ORDERED that the motion is: [X] DENIED.

I. COURT DETERMINATION OF GUIDELINE RANGE (Prior to Any Departures)

28 IV 180 months as required by statute

Previous Offense Level: Amended Offense Level: ____ Criminal History Category: Criminal History Category: ____ Previous Guideline Range: Amended Guideline Range: _______________

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

The defendant was sentenced to a 10 year mandatory minimum sentence on Count 1 and a consecutive 5 year mandatory minimum sentence on Count 2. IT IS SO ORDERED.