The opinion of the court was delivered by: Judge: Hon. Lawrence K. Karlton
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 RONNIE JAMES WILLIAMS, Jr.
STIPULATED MOTION AND ORDER TO
REDUCE SENTENCE PURSUANT TO 18
U.S.C. § 3582(c)(2)
RETROACTIVE CRACK COCAINE REDUCTION CASE
Defendant, RONNIE JAMES WILLIAMS, Jr., 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 Russell L. Carlberg, 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. Williams was subsequently lowered by the United States Sentencing Commission in Amendment 750;
3. Accordingly, Mr. Williams's adjusted offense level has been reduced, and the parties agree that an appropriate sentence within the new guideline range based on the factors listed in 18 U.S.C. § 3553(a), is 135 months;
4. Accordingly, the parties request the court to enter the order lodged herewith reducing Mr. Williams's term of imprisonment to an aggregate term of 135 months;
5. Mr. Williams agrees to the dismissal of his pro se motion to reduce sentence filed November 4, 2011 (CR #198), and further agrees as part of this stipulation not to file any further motions, appeals or collateral attacks for reduction of sentence.
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 November 17, 2008, this Court sentenced Mr. Williams to a term of imprisonment of 151 months. The parties agree, and the Court finds, that Mr. Williams is entitled to the benefit of the retroactive amendment reducing crack cocaine penalties, which reduces the applicable offense level.
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 135 months, and that the pro se motion to reduce ...