UNITED STATES DISTRICT COURT for the Eastern District of California
November 24, 2009
UNITED STATES OF AMERICA
The opinion of the court was delivered by: Oliver W. Wanger, US District Judge
USM No. 61101-097
of Previous Judgment: 5/22/2006
of Last Amended Judgment if Applicable
David Porter 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 X 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 210 months is reduced to 168 months .
I. COURT DETERMINATION OF GUIDELINE RANGE(Prior to Any Departures)
Offense Level: 32 Amended
Offense Level: 30
History Category: VI
Criminal History Category: VI
Guideline Range: 210 to 262 months
Amended Guideline Range: 168 to 210 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.
III. ADDITIONAL COMMENTS
provided above, all provisions of the judgment dated 5/22/2006 shall remain in effect.
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