IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
December 2, 2011
UNITED STATES OF AMERICA,
The opinion of the court was delivered by: Judge: Hon. Anthony W. Ishii
DANIEL J. BRODERICK, Bar #89424 Federal Defender DAVID M. PORTER, Bar #127024 Assistant Federal Defender Counsel Designated for Service 801 I Street, 3rd Floor Sacramento, California 95814 Telephone: (916) 498-5700 Attorney for Defendant DANIEL ZEPEDA
STIPULATED REQUEST AND ORDER TO
REDUCE SENTENCE PURSUANT TO 18
U.S.C. § 3582(c)(2)
RETROACTIVE CRACK COCAINE
Defendant, DANIEL ZEPEDA, 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 ELANA LANDAU, 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. Zepeda was subsequently lowered by the United States Sentencing Commission in Amendment 750;
3. Accordingly, Mr. Zepeda's adjusted offense level has been reduced from 31 to 30, and a sentence at the low end of the new guideline range with a departure comparable to the 33% reduction he received at the original sentencing would be 65 months;
4. Mr. Zepeda 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. Zepeda's positive post-sentencing conduct;
5. Accordingly, the parties request the court to enter the order lodged herewith reducing Mr. Zepeda's term of imprisonment to an aggregate term of 65 months on all counts.
This matter came before the Court on the pro se motion of the defendant for reduction of sentence pursuant to 18 U.S.C. § 3582(c)(2) filed August 12, 2011.
On December 7, 2009, this Court sentenced Mr. Zepeda to a term of imprisonment of 84 months. The parties agree, and the Court finds, that Mr. Zepeda is entitled to the benefit of the retroactive amendment reducing crack cocaine penalties, which reduces the applicable offense level from 31 to 30.
IT IS HEREBY ORDERED that the term of imprisonment originally
STIPULATED MOTION and ORDER TO REDUCE SENTENCE
imposed is reduced to an aggregate term of 65 months on all
IT IS FURTHER ORDERED that all other terms and provisions of the original judgment remain in effect.
Unless otherwise ordered, Mr. Zepeda shall report to the United States Probation office closest to the release destination within seventy-two hours after his release.
IT IS SO ORDERED.
CHIEF UNITED STATES DISTRICT JUDGE
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