Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

United States v. Oliver

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


May 21, 2008

UNITED STATES OF AMERICA, PLAINTIFF,
v.
HENRY OLIVER, DEFENDANT.

The opinion of the court was delivered by: Honorable Maxine M. Chesney Judge, United States District Court

STIPULATION REGARDING SENTENCE REDUCTION UNDER U.S.S.G. AMENDMENT 706 (AS AMENDED BY 711) ; ORDER THEREON

IT IS HEREBY STIPULATED AND AGREED, by and between the parties acting through their respective counsel, that:

1. The Court has indicated that it is making its own motion for a modification of the defendant's sentence pursuant to 18 U.S.C. § 3582(c)(2).

2. Defendant's original guideline calculation was as follows:

Total Offense Level:

Criminal History Category: VI

Guideline Range: 92-115

Mandatory Minimum: 60 months

3. Defendant was sentenced to 92 months imprisonment on September 5, 2001.

4. Defendant completed the 500 hour RDAP program, and his current projected release date is September 7, 2008. His original release date, without the RDAP program, was February 17, 2009. It is the parties' understanding that the BOP will take defendant's reduction from the original release date, not from the RDAP release date.

5. Defendant is eligible for a modification of his sentence pursuant to 18 U.S.C. § 7 3582(c), USSG § 1B1.10(c), and Amendment 706 of the United States Sentencing Commission Guidelines Manual.

6. Defendant's revised guideline calculation is as follows:

Total Offense Level: 21

Criminal History Category: VI

Guideline Range: 77-96

7. The parties have no reason to dispute the Reduction of Sentence Report submitted to the Court by the probation office.

8. The parties stipulate that defendant's sentence should be reduced to 84 months. It is the parties understanding and intent that this reduction will result in defendant being released in approximately mid-June, 2008.

9. The parties further stipulate that all other aspects of the original judgment order including the length of term of supervised release, all conditions of supervision, fines, restitution, and special assessment remain as previously imposed.

10. Defendant stipulates that he waives and does not request a hearing in this matter pursuant to Fed. R. Crim. P. 43, 18 U.S.C § 3582(c)(2); United States v. Booker, 543 U.S. 220 (2005) and Kimbrough v. United States, 128 S.Ct. 558 (2007); United States v. Hicks, 472 F.3d 1167 (9th Cir. 2007).

11. Defendant waives his right to appeal the district court's sentence.

12. Accordingly, the parties agree and stipulate that an amended judgment may be entered by the Court in accordance with this stipulation pursuant to 18 U.S.C. § 3582(c) and USSG § B1.10(c), Amendment 706 of the United States Sentencing Commission Guidelines Manual.

IT IS SO STIPULATED:

Date: May 16, 2008

I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/S/) within this e-filed document.

ORDER

Based on the above stipulation, the Court hereby ORDERS the following:

1. The Court is making its own motion for a modification of the defendant's sentence pursuant to 18 U.S.C. § 3582(c)(2);

2. The original Judgment in the above-captioned case is AMENDED to reduce the term of imprisonment to 84 months. All other aspects of the original judgment, including the length of term of supervised release, all conditions of supervision, fines, restitution, and special assessment remain as previously imposed.

3. Defendant's original guideline calculation was as follows:

Total Offense Level:

Criminal History Category: VI

Guideline Range: 92-115

Mandatory Minimum: 60 months

Sentence Imposed: 92 months

4. Defendant is eligible for a modification of his sentence pursuant to 18 U.S.C. § 6 3582(c), USSG § 1B1.10(c), and Amendment 706 of the United States Sentencing Commission Guidelines Manual;

5. Defendant's revised guideline calculation is as follows:

Total Offense Level: 21

Criminal History Category: VI

Guideline Range: 77-96

6. Defendant has waived his right to a hearing in this matter pursuant to Fed. R. Crim. P. 43, 18 U.S.C § 3582(c)(2); United States v. Booker, 543 U.S. 220 (2005) and Kimbrough v. United States, 128 S.Ct. 558 (2007); United States v. Hicks, 472 F.3d 1167 (9th Cir. 2007).

7. Defendant has waived his right to appeal the sentenced imposed by this Order.

20080521

© 1992-2008 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.