IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
November 17, 2011
UNITED STATES OF AMERICA,
MARIO ANTHONY OCHOA,
The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge
Timothy E. Warriner (SB#166128) Attorney at Law 660 J St., Suite 390 Sacramento, CA 95814 (916) 443-7141 Attorney for Defendant MARIO ANTHONY OCHOA
STIPULATED MOTION AND ORDER TO REDUCE SENTENCE PURSUANT TO 18 U.S.C. § 3582(c)(2)
RETROACTIVE CRACK COCAINE REDUCTION CASE
Defendant, MARIO ANTHONY OCHOA, by and through his attorney, Timothy E. Warriner, and plaintiff, UNITED STATES OF AMERICA, by and through its counsel, First Assistant U.S. Attorney PHILLIP A. TALBERT, 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. On July 23, 2007, this Court sentenced Mr. Ochoa to a term of imprisonment of 90 months;
3. His original base offense level was 34, his total offense level was 31, and with a criminal history category of VI, his resulting guideline range was 188 to 235 months. He received a sentence of 90 months on the government's motion;
4. The sentencing range applicable to Mr. Ochoa was subsequently lowered by the United States Sentencing Commission in Amendment 750. His new base offense level is 28, his new total offense level is 25, and with a criminal history category of VI, his new resulting guideline range is 110 to 137 months, and a sentence at the low end of the new guideline range with a departure comparable to the reduction he received at the original sentencing would be 66 months;
5. Accordingly, the parties request the court enter the order lodged herewith reducing Mr. Ochoa's term of imprisonment to term of 66 months.
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).
On July 23, 2007, this Court sentenced Mr. Ochoa to a term of imprisonment of 90 months. The parties agree, and the Court finds, that Mr. Ochoa is entitled to the benefit of the retroactive amendment reducing crack cocaine penalties, which reduces the applicable offense level from 31 to 25.
IT IS HEREBY ORDERED that the term of imprisonment is reduced to a term of 66 months.
IT IS FURTHER ORDERED that all other terms and provisions of the original judgment remain in effect.
Unless otherwise ordered, Mr. Ochoa shall report to the United States Probation office closest to the release destination within seventy-two hours after his release.
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