UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
May 18, 2009
UNITED STATES OF AMERICA
KEVIN JASON POWELL
The opinion of the court was delivered by: Morrison C. England, Jr.
USM No: 14877-097
Previous Judgment: 11/8/2005
Last Amended Judgment if Applicable
David Porter, AFD 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. for 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,
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 months is reduced to 210 months .
COURT DETERMINATION OF GUIDELINE RANGE(Prior to Any Departures)
Level: 34 Amended Offense Level: 32 History Category: VI Criminal History Category: VI Guideline Range: 262 to 327 months Amended Guideline Range: 210 to 262 months
II. 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.
sentence consists of 210 months on Count 1 and 120 months on Count 4, to run concurrently to each other for a total 210 months.
as provided above, all provisions of the judgment dated 11/8/2005 shall remain in effect.
Judge's signature Date: 04/29/2009
(if different from order date) Printed name and title
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