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United States v. Hill

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


November 19, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
RAYMOND LEE HILL, DEFENDANT.

The opinion of the court was delivered by: Garland E. Burrell, Jr. 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, RAYMOND LEE HILL, 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 Jason Hitt, 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. Mr. Hill was sentenced by this Court on October 29, 2004, to a term of 188 months and 23 days imprisonment. His guideline range was 262 to 327 months, based on a total offense level of 35 and criminal history category 5, and he received a 25% reduction from the low end of the applicable guideline range on the government's motion;*fn1

3. The sentencing range Mr. Hill was sentenced under was subsequently lowered by the United States Sentencing Commission on November 1, 2007. See U.S.S.G. App. C, Amdt. 706, as amended by Amdt. 711;

4. Retroactive amendment 706 to the Sentencing Guidelines' Drug Quantity Table in § 2D1.1 reduces the base offense level by 2 levels. See id.; U.S.S.G. § 1B1.10, p.s. (Nov. 2007);

5. This amendment changes Mr. Hill's guideline range from 262 to 327 months, to 210 to 262 months, based on the prior computation of specific offense characteristics, adjustments, criminal history category, and departures, and applying the same 25% reduction, Mr. Hill's new sentence would be 149 months and 23 days;

6. Mr. Hill was not sentenced at a congressionally mandated minimum sentence, and he is therefore eligible for a reduction of his sentence by retroactive application of Amendment 706 pursuant to 18 U.S.C. § 3582(c)(2) and policy statement § 1B1.10;

7. Accordingly, the parties respectfully request the court enter the order lodged herewith resentencing Mr. Hill to a sentence of 149 months and 23 days to be served concurrent with the Parole Revocation Term.

Dated: November 18, 2009

Respectfully submitted,

BENJAMIN B. WAGNER DANIEL J. BRODERICK United States Attorney Federal Defender

JASON HITT Assistant U.S. Attorney Attorney for Plaintiff UNITED STATES OF AMERICA

DAVID M. PORTER Assistant Federal Defender Attorney for Movant RAYMOND LEE HILL

ORDER

On October 29, 2004, this Court sentenced Mr. Hill to a term of imprisonment of 188 months and 23 days. The parties agree, and the Court finds, that Mr. Hill is entitled to the benefit of the retroactive amendment reducing crack cocaine penalties, which reduces his applicable offense level.

IT IS HEREBY ORDERED that the term of imprisonment originally imposed is reduced to 149 months and 23 days to be served concurrent with the Parole Revocation Term.

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

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


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