Case No. CR2-04-195(2).
September 25, 2008
This matter came before the Court on the Government's Motion, and Brief in Support Thereof, for a Reduction of Sentence Pursuant to Rule 35 of the Federal Rules of Criminal Procedure. Defendant was convicted of conspiracy to import more than one kilogram of heroin into the United States and one count of conspiracy to distribute more than one kilogram of heroin. The Court had previously determined that the Defendant had an advisory guideline range of offense level 33 and criminal history category I. The court also granted the Government's 5K1.1 Motion, reducing Defendant's advisory guideline range to offense level 30, and committed the Defendant to the custody of the United States Bureau of Prison to be imprisoned for a term of 97 months.
Based on the Government's Motion which sets forth the substantial assistance provided by the Defendant, the Court finds the Government's Motion well taken, and hereby GRANTS the same. The Court finds that under the advisory guidelines Defendant's total offense level is 28, and his criminal history category remains I. The Defendant's sentence is hereby reduced by 19 months, thereby giving the Defendant a total period of incarceration of 78 months.
IT IS SO ORDERED.