Date of Previous Judgment:
03/25/2008
(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, 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: ¦ ¦Amended Offense Level: ¦ ¦ +--------------------------+------+--------------------------+------¦ ¦Criminal History Category:¦ ¦Criminal History Category:¦ ¦ +--------------------------+------+--------------------------+------¦ ¦ ¦to ¦ ¦to ¦ ¦Previous Guideline Range: ¦ ¦Amended Guideline Range: ¦ ¦ ¦ ¦months¦ ¦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
By Order dated March 25, 2008, Defendant was granted a reduction to the statutory minimum applicable for his offense [ECF No. 51]. Application of Amendment 750 would not result in a further reduction and Defendant's Motion [ECF No. 54] is, therefore, denied.
Except as provided above, all provisions of the judgment dated 03/25/2008 shall remain in effect. IT IS SO ORDERED.
Effective Date:
(if different from order date)
__________
Judge's signature
Senior United States District Judge
Printed name and title