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United States v. Beverly

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


March 15, 2010

UNITED STATES OF AMERICA
v.
ERIC DIALLO BEVERLY

USM No. 93105-111

Date of Previous Judgment: April 3, 2006

Rita Bosworth (AFPD) Defendant's Attorney

(Use Date of Last Amended Judgment if Applicable)

Order Regarding Motion or Stipulation for Sentence Reduction Pursuant to 18 U.S.C. § 3582(c)(2)

Upon motion of the defendant 9 the Director of the Bureau of Prisons 9 the court under 18 U.S.C. § 3582(c)(2) for a reduction in the term of imprisonment imposed based on a guideline sentencing range that has subsequently been lowered and made retroactive by the United States Sentencing Commission pursuant to 28 U.S.C. § 994(u), and having considered such motion; or ' Upon stipulation of the parties,

IT IS ORDERED that motion is:

9 DENIED. GRANTED and the defendant's previously imposed sentence of imprisonment (as reflected in the last judgment issued) of 188 months is reduced to 180 months .

IT IS ORDERED that the stipulation is 9DISAPPROVED. 9 APPROVED and the defendant's previously imposed sentence of imprisonment (as reflected in the last judgment issued) of ______________ months is reduced to ______________.

Previous Offense Level: 31 Amended Offense Level: 29 Criminal History Category: VI Criminal History Category: VI Previous Guideline Range: 188 to 235 months Amended Guideline Range: 151 to 188 months

I. COURT DETERMINATION OF GUIDELINE RANGE(Prior to Any Departures)

II. SENTENCE RELATIVE TO AMENDED GUIDELINE RANGE

The reduced sentence is within the amended guideline range. 9 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 amended guideline range. 9 Other (explain):

III. ADDITIONAL COMMENTS

Except as provided above, all provisions of the judgment dated April 3, 2006 shall remain in effect.

IT IS SO ORDERED.

20100315

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