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United States v. Barksdale
Date of Previous Judgment: 10/07/2008
(Use Date of Last Amended Judgment if Applicable)
_______________________________
Defendant's Attorney
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: _
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 COMMENTSDefendant's offense level and resulting custody range were produced by the career offender guideline, which is unaffected by Amendment 750.
Except as provided above, all provisions of the judgment dated 10/07/2008 shall remain in effect.
IT IS SO ORDERED.
_______________________________
Judge's signature
Effective Date: ________________
(if different from order date)
Senior United States District Judge
Printed name and title
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