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


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


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