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United States v. McWhorter

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


August 5, 2010

UNITED STATES OF AMERICA
v.
GARY DEWAYNE MCWHORTER

The opinion of the court was delivered by: John A. Mendez Judge's signature

USM No. 15366-097

of Previous Judgment: 01/26/2006 ) DAVID M. PORTER, AFD

of Last Amended Judgment if Applicable) 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 TM 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 235 months is reduced to 188 months .

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

Offense Level: 33 Amended Offense Level: 31 History Category: VI Criminal History Category: VI 235 Guideline Range: to 293 months Amended Guideline Range: 188 to 235 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.

(explain):

III. ADDITIONAL COMMENTS

provided above, all provisions of the judgment dated 1/26/2006 shall remain in effect.

ORDERED.

20100805

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