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United States v. McWhorter

August 5, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
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

ORDER

This matter came before the Court on the stipulated motion of the defendant for reduction of sentence pursuant ...


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