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United States v. Vazquez-Almonte

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


October 7, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ISIDRO VAZQUEZ-ALMONTE, DEFENDANT.

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

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

Defendant, ISIDRO VAZQUEZ-ALMONTE, 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 Kevin P. Rooney, 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. Vazquez-Almonte was subsequently lowered by the United States Sentencing Commission in Amendment 706 by two levels;

3. Accordingly, Mr. Vazquez-Almonte's adjusted offense level has been reduced from 33 to 31, and an appropriate sentence taking into consideration all the factors in 18 U.S.C. § 3553(a) would be 170 months;

4. After consultation with counsel, Mr. Vazquez-Almonte irrevocably stipulates and agrees he will not seek any further reduction of his sentence in the event that the sentencing guidelines for cocaine base are subsequently lowered; this stipulation is based in part on the fact that his relevant conduct for sentencing calculations included the possession, with the intent to distribute, of methamphetamine as well as, crack cocaine;

5. Accordingly, the parties request the court enter the order lodged herewith reducing Mr. Vazquez-Almonte's term of imprisonment to a term of 170 months.

Dated: October 6, 2009

Respectfully submitted, LAWRENCE G. BROWN

DANIEL J. BRODERICK United States Attorney Federal Defender

KEVIN P. ROONEY Assistant U.S. Attorney Attorney for Plaintiff UNITED STATES OF AMERICA

DAVID M. PORTER Assistant Federal Defender Attorney for Movant ISIDRO VAZQUEZ-ALMONTE

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, 2001, this Court sentenced Mr. Vazquez-Almonte to a term of imprisonment of 200 months. The parties agree, and the Court finds, that Mr. Vazquez-Almonte is entitled to the benefit of the retroactive amendment reducing crack cocaine penalties, which reduces the applicable offense level from 33 to 31.

IT IS HEREBY ORDERED that the term of imprisonment originally imposed is reduced to a term of 170 months.

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

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

IT IS SO ORDERED.

20091007

© 1992-2009 VersusLaw Inc.



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