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United States v. Silas

UNITED STATES DISTRICT COURT for the Northern District of California


April 23, 2008

UNITED STATES OF AMERICA
v.
SHELDON SILAS

The opinion of the court was delivered by: Honorable Phyllis J. Hamilton, U.S. District Judge

USM No. 93062-011

Date of Previous Judgment: 1/27/2006

(Use Date of Last Amended Judgment if Applicable)

Nina Wilder Defendant's Attorney

Order Regarding Motion or Stipulation for Sentence Reduction Pursuant to 18 U.S.C. § 3582(c)(2)

Upon motion of the defendant 9 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; or ' Upon stipulation of the parties,

IT IS ORDERED that motion is:

9 DENIED.

GRANTED and the defendant's previously imposed sentence of imprisonment (as reflected in the last judgment issued) of 84 months is reduced to 70 months .

IT IS ORDERED that the stipulation is 9DISAPPROVED. 9 APPROVED and the defendant's previously imposed sentence of imprisonment (as reflected in the last judgment issued) of ______________ months is reduced to ______________.

Previous Offense Level: 22 Amended Offense Level: 20 Criminal History Category: VI Criminal History Category: VI Previous Guideline Range: 84 to 105 months Amended Guideline Range: 70 to 87 months

I. COURT DETERMINATION OF GUIDELINE RANGE(Prior to Any Departures)

II. SENTENCE RELATIVE TO AMENDED GUIDELINE RANGE

: The reduced sentence is within the amended guideline range. 9 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. 9 Other (explain):

III. ADDITIONAL COMMENTS

Except as provided above, all provisions of the judgment dated 1/27/2006 shall remain in effect.

IT IS SO ORDERED.

20080423

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