United Statesv.Smithwick

UNITED STATES DISTRICT COURT for the Eastern District of North CarolinaMar 29, 2012
Case No: 5:06-CR-121-1F (E.D.N.C. Mar. 29, 2012)

Case No: 5:06-CR-121-1F USM No: 50278-056

03-29-2012

United States of America v. SHAWN RHONDU SMITHWICK

Thomas P. McNamara Defendant's Attorney


Date of Original Judgment: March 7, 2007


Date of Previous Amended Judgment: October 7, 2008


(Use Date of Last Amended Judgment if Any)


Thomas P. McNamara


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 policy statement set forth at USSG § IB 1.10 and 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 _________ The amendment is applicable to the defendant, but does not have the effect of lowering the guideline imprisonment range. Therefore, the defendant is not eligible for a reduction under this amendment. If the amount of time the defendant has already served exceeds this sentence, the sentence is reduced to a "Time Served" sentence, subject to an additional period of up to ten (10) days for administrative purposes of releasing the defendant.

(Complete Parts I and II of Page 2 when motion is granted)

Except as otherwise provided, all provisions of the judgment(s) dated March 7, 2007, and October 7, 2008, shall remain in effect. IT IS SO ORDERED.

____________


Judges signature

Effective Date: _________


(if different from order date)


James C. Fox., Senior U.S. District Judge


Printed name and title

EDNC Rev. 11/8/2011