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United States v. Gibson

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


August 1, 2008

UNITED STATES OF AMERICA
v.
RUDOLF GIBSON

The opinion of the court was delivered by: John A. Mendez Judge's signature

(CORRECTED)

USM No: 15874-097 of Previous Judgment: 02/08/2007 ) DAVID M. PORTER, AFD of Last Amended Judgment if Applicable) Defendant's Attorney

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

Upon motion of X the defendant TM the Director of the Bureau of Prisons TM the court under 18 U.S.C. a reduction in the term of imprisonment imposed based on a guideline sentencing range that has been lowered and made retroactive by the United States Sentencing Commission pursuant to 28 U.S.C. and having considered such motion,

IT IS ORDERED that the motion is:

TM DENIED. X GRANTED and the defendant's previously imposed sentence of imprisonment (as reflected in the last judgment issued) of 135 months is reduced to 108 months .

I. COURT DETERMINATION OF GUIDELINE RANGE

(Prior to Any Departures)

Offense Level: 31 Amended Offense Level: 29 History Category: III Criminal History Category: III Guideline Range: 135 to 168 months Amended Guideline Range: 108 to 135 months

SENTENCE RELATIVE TO AMENDED GUIDELINE RANGE

The reduced sentence is within the amended guideline range.

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 guideline range.

(explain):

III. ADDITIONAL COMMENTS

provided above, all provisions of the judgment dated 02/08/2007 shall remain in effect.

ORDERED.

20080801

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