IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
August 5, 2010
UNITED STATES OF AMERICA, PLAINTIFF,
GARY DEWAYNE MCWHORTER, DEFENDANT.
The opinion of the court was delivered by: Honorable John A. Mendez United States District Judge
ORDER REDUCING SENTENCE PURSUANT TO 18 U.S.C. § 3582(c)(2) RETROACTIVE CRACK COCAINE REDUCTION CASE
Defendant, GARY DEWAYNE McWHORTER, 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 Paul A. Hemesath, 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. McWhorter was subsequently lowered by the United States Sentencing Commission in Amendment 706 by two levels;
3. Accordingly, Mr. McWhorter's adjusted offense level has been reduced from 33 to 31, and a sentence at the low end of the new guideline range would be 188 months;
4. Mr. McWhorter merits a reduction in his sentence based on the factors listed in 18 U.S.C. § 3553(a), as well as considerations of public safety and Mr. McWhorter's positive post-sentencing conduct;
5. Accordingly, the parties request the court to enter the order lodged herewith reducing Mr. McWhorter's term of imprisonment to 188 months.
Dated: August 4, 2010
Respectfully submitted, BENJAMIN B. WAGNER
DANIEL J. BRODERICK United States Attorney Federal Defender
PAUL A. HEMESATH Assistant U.S. Attorney Attorney for Plaintiff UNITED STATES OF AMERICA
DAVID M. PORTER Assistant Federal Defender Attorney for Movant GARY DEWAYNE McWHORTER
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).
The parties agree, and the Court finds, that Mr. McWhorter 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 188 months;
IT IS FURTHER ORDERED that all other terms and provisions of the original judgment remain in effect.
STIPULATED MOTION and ORDER REDUCING SENTENCE
Unless otherwise ordered, Mr. McWhorter shall report to the United States Probation office closest to the release destination within seventy-two hours after his release.
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