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United States v. Holmes

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


August 7, 2008

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ANTHONY HOLMES, DEFENDANT.

The opinion of the court was delivered by: Anthony W. Ishii Chief United States District Judge

STIPULATED MOTION AND [lodged] ORDER TO REDUCE SENTENCE PURSUANT TO 18 U.S.C. § 3582(c)(2) RETROACTIVE CRACK COCAINE REDUCTION CASE

The following stipulation was filed by the parties:

Defendant, ANTHONY HOLMES, by and through his attorney, Assistant Federal Defender David M. Porter, and plaintiff, UNITED STATES OF AMERICA, by and through its counsel, Assistant U.S. Attorney KIMBERLY A. SANCHEZ, hereby stipulate as follows:

1. Pursuant to 18 U.S.C. § 3582(c)(2), this court may reduce the term of imprisonment in the case of a defendant who has been sentenced to a term of imprisonment based on a sentencing range that has subsequently been lowered by the Sentencing Commission pursuant to 28 U.S.C. § 994(o);

2. The sentencing range applicable to Mr. Holmes was subsequently lowered by the United States Sentencing Commission in Amendment 706 by two levels;

3. Accordingly, Mr. Holmes's adjusted offense level has been reduced from 29 to 27, and a sentence at the low end of the new guideline range would be 100 months;

4. Mr. Holmes merits a reduction in his sentence based on the factors listed in 18 U.S.C. § 3553(a), as well as considerations of public safety and Mr. Holmes's positive post-sentencing conduct;

5. Accordingly, the parties request the court to enter the order lodged herewith reducing Mr. Holmes's term of imprisonment to an aggregate term of 100 months on all counts.

Dated: August 5, 2008

Respectfully submitted,

McGREGOR SCOTT United States Attorney KIMBERLY A. SANCHEZ Assistant U.S. Attorney Attorney for Plaintiff UNITED STATES OF AMERICA DANIEL J. BRODERICK Federal Defender DAVID M. PORTER Assistant Federal Defender Attorney for Movant ANTHONY HOLMES

ORDER

This matter came before the Court on the stipulated motion of the defendant for reduction of sentence pursuant to 18 U.S.C. § 3582(c)(2).

On March 19, 2007, this Court sentenced Mr. Holmes to a term of imprisonment of 121 months. The parties agree, and the Court finds, that Mr. Holmes is entitled to the benefit of the retroactive amendment reducing crack cocaine penalties, which reduces the applicable offense level from 29 to 27.

IT IS HEREBY ORDERED that the term of imprisonment originally imposed is reduced to an aggregate term of 100 months on all counts;

IT IS FURTHER ORDERED that all other terms and provisions of the original judgment remain in effect.

Unless otherwise ordered, Mr. Holmes shall report to the United States Probation office closest to the release destination within seventy-two hours after his release.

IT IS SO ORDERED.

20080807

© 1992-2008 VersusLaw Inc.



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