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United States v. Rapisura

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


August 18, 2008

UNITED STATES OF AMERICA
v.
LEON RAPISURA

The opinion of the court was delivered by: Edward J. Garcia, U.S. District Judge

USM No: 16282-097

of Previous Judgment: 12/08/06 ) David M. Porter 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 90 months is reduced to 80 months .

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

Offense Level: 23 Amended Offense Level: 21 History Category: III Criminal History Category: III Guideline Range: 60 to 71 months Amended Guideline Range: 60 to 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

This sentence consists of 60 months on Count 1 and 20 months on each of Counts 3, 4 & 5 to run concurrent with each but consecutive to Count 1 for a total term of 80 months. provided above, all provisions of the judgment dated 12/08/2006 shall remain in effect.

ORDERED.

(if different from order date) Printed name and title

20080818

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