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United States v. Hill

UNITED STATES DISTRICT COURT for the Eastern District of California


February 13, 2009

UNITED STATES OF AMERICA
v.
ERWIN WADE HILL (AKA DERWIN WADE MCCOWAN)

The opinion of the court was delivered by: Oliver W. Wanger, US District Judge

USM No: 60921-097 of Previous Judgment: 10/30/2006 ) 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 262 months is reduced to 240 months .

I. COURT DETERMINATION OF GUIDELINE RANGE

(Prior to Any Departures)

Offense Level: 37 Amended Offense Level: 33 History Category: VI Criminal History Category: VI 360

Guideline Range: months to Life months Amended Guideline Range: 235 to 293 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

eparture made on grounds of lack of sophistication in drug trafficking street level dealer. No juvenile offenses. Two prior street convictions and misdemeanor burglary over represent criminal history as career offender. Extreme health problems and to cocaine disparity justifies departure to level 33 and a sentence of 240 months, also under 3553 factors 18 U.S.C.).

AMENDED JUDGMENT AS TO TRUE NAME as provided above, all provisions of the judgment dated 10/30/2006 shall remain in effect.

ORDERED.

February 4, 2009

20090213

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