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United States v. Shavers

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


July 25, 2008

UNITED STATES OF AMERICA, PLAINTIFF,
v.
RODNEY SHAVERS, DEFENDANT.

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

Honorable Maxine M. Chesney

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 may make 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: 23

Criminal History Category: V

Guideline Range: 84-105

Mandatory Minimum: 60 months

3. Defendant was sentenced to 72 months imprisonment on June 13, 2007. This represents a downward variance of one year from the low end of the guideline range.

4. Defendant's current projected release date is November 15, 2010.

5. Defendant is eligible for a modification of his sentence pursuant to 18 U.S.C. § 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: V

Guideline Range: 70-87

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

8. Based upon the foregoing, the parties hereby stipulate that a sentence of 60 months is appropriate in this matter.

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 § 1B1.10(c), Amendment 706 of the United States Sentencing Commission Guidelines Manual.

IT IS SO STIPULATED:

Date:7/21/2008

ANTHONY J. BRASS Attorney for Rodney Shavers

Date: 7/21/2008

BLAKE D. STAMM Assistant United States Attorney

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 impose a term of imprisonment of 60 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: 23

Criminal History Category: V

Guideline Range: 84-105

Mandatory Minimum: 60 months

Sentence Imposed: 72 months

4. Defendant is eligible for a modification of his sentence pursuant to 18 U.S.C. § 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: V

Guideline Range: 70-87

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.

IT IS SO ORDERED.

20080725

© 1992-2008 VersusLaw Inc.



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