Opinion
8:06CR234 USM No: 20941-047
11-01-2011
David Stickman Defendant's Attorney
David Stickman
Defendant's Attorney
Date of sentencing: February 5, 2007
Date of filing of Judgment: February 18, 2007
Date of previous sentence reduction: August 18, 2008
Order Regarding Motion for Sentence Reduction Pursuant to 18 U.S.C. § 3582(c)(2)
Upon motion of the defendant 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 and stipulation (Filing Nos. 44, 45) are GRANTED and the defendant's previously imposed sentence of imprisonment (as reflected in the last judgment issued) of 100 months, which was later reduced to 84 months, is reduced to 70 months.
I. COURT DETERMINATION OF GUIDELINE RANGE (Prior to Any Departures)
Previous Offense Level: 27 Amended Offense Level: 23
Criminal History Category: IV Criminal History Category: IV
Previous Guideline Range: 100 to 125 months Amended Guideline Range: 70 to 87 months
II. SENTENCE RELATIVE TO AMENDED GUIDELINE RANGE
[] The reduced sentence is within the amended guideline range. The fine range is $10,000-$2,000,000.
[√] 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 filed on February 18, 2007, shall remain in effect.
IT IS SO ORDERED.
Laurie Smith Camp
United States District Judge