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United States v. Tanner

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


June 12, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ROBERT LEE TANNER, DEFENDANT.

The opinion of the court was delivered by: Honorable John A. Mendez United States District Judge

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

Defendant, ROBERT LEE TANNER, 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 Mary L. Grad, 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. Tanner was subsequently lowered by the United States Sentencing Commission in Amendment 706 by two levels;

3. Based upon the facts and circumstances of this case, including: (1) the fact that Mr. Tanner did not receive any benefit from either the plea bargain or Bailey v. United States, 516 U.S. 137 (1995); (2) the relatively minor and non-violent nature of Mr. Tanner's prior convictions; and, (3) his positive post-sentencing conduct, the parties agree that the defendant's offense level is reduced from 38 to 36, and an appropriate sentence taking into consideration all the factors set forth in 18 U.S.C. § 3553(a) would be 260 months on all counts;

4. Accordingly, the parties request the court enter the order lodged herewith reducing Mr. Tanner's term of imprisonment to an aggregate term of 260 months on all counts.

Dated: June 12, 2009

Respectfully submitted,

LAWRENCE G. BROWN DANIEL J. BRODERICK United States Attorney Federal Defender

MARY L. GRAD Assistant U.S. Attorney Assistant Federal Defender

DAVID M. PORTER Attorney for Plaintiff Attorney for Movant UNITED STATES OF AMERICA ROBERT LEE TANNER

ORDER

This matter came before the Court on the motion of the defendant for reduction of sentence pursuant to 18 U.S.C. § 3582(c)(2), filed November 13, 2008. The matter is set for status on July 7, 2009, but in light of the parties' stipulation, that hearing is VACATED.

On November 5, 1998, this Court resentenced Mr. Tanner to a term of imprisonment of 352 months. The parties agree, and the Court finds, that application of the retroactive amendment reducing crack cocaine penalties reduces the applicable offense level from 38 to 36, and that an appropriate sentence taking into consideration all the factors set forth in 18 U.S.C. § 3553(a) would be 260 months.

IT IS HEREBY ORDERED that the term of imprisonment originally imposed is reduced to an aggregate term of 260 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. Tanner shall report to the United States Probation office closest to the release destination within seventy-two hours after his release.

20090612

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