IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
April 11, 2012
UNITED STATES OF AMERICA,
SADELL EDWARD CONRAD, DEFENDANT.
The opinion of the court was delivered by: The Honorable William H. Alsup United States District Judge
GEOFFREY HANSEN Acting Federal Public Defender ELIZABETH M. FALK Assistant Federal Public Defender 19th Floor, Federal Building, Box 36106 450 Golden Gate Avenue San Francisco, CA 94102 Telephone: (415) 436-7700 Counsel for Defendant CONRAD
STIPULATION AND [PROPOSED] ORDER REGARDING SENTENCE REDUCTION UNDER U.S.S.G. § 14 1B1.10(b)(1) (AS AMENDED BY 750, PARTS A & C)
IT IS HEREBY STIPULATED AND AGREED, by and between the parties acting 17 through their respective counsel, that: 18 1. The defendant is making an unopposed motion for a modification of his sentence 19 pursuant to 18 U.S.C. § 3582(c)(2).
2. Defendant's original guideline calculation was as follows: Total Offense Level: 21 Criminal History Category: VI Guideline Range: 77-96 months Mandatory Minimum: 60 months
3. Defendant was sentenced to 77 months imprisonment on May 5, 2010.
4. According to the Bureau of Prisons, defendant's current projected release date is October 2 3, 2015.
5. Effective November, 1, 2011, defendant is eligible for a modification of his sentence 4 pursuant to 18 U.S.C. § 3582(c), USSG § 1B1.10(b)(1), and Amendment 750, Parts A and C, of the United States Sentencing Guidelines Manual.
6. Defendant's revised guideline calculation is as follows:
Total Offense Level: 15
Criminal History Category: VI
Guideline Range: 41-51 months
Mandatory Minimum: 60 months
7. The parties have no reason to dispute the Reduction of Sentence Report submitted to the 12 Court by the probation office.
8. Based upon the foregoing, the parties hereby stipulate that the Court may enter an order 14 reducing defendant's sentence to 60 months.
9. The parties further stipulate that all other aspects of the original judgment order including 16 the length of term of supervised release, all conditions of supervision, fines, restitution, and special assessment remain as previously imposed.
10. Defendant stipulates that he waives and does not request a hearing in this matter pursuant 19 to Fed. R. Crim. P. 43, 18 U.S.C § 3582(c)(2); United States v. Booker, 543 U.S. 220 (2005) and Kimbrough v. United States, 128 S.Ct. 558 (2007).
11. Defendant waives his right to appeal the district court's sentence.
12. Accordingly, the parties agree that an amended judgment may be entered by the Court in accordance with this stipulation pursuant to 18 U.S.C. § 3582(c) and USSG § 1B1.10(b)(1), Amendment 750, Parts A and C, of the Sentencing Commission Guidelines Manual. The parties agree that a proposed amended judgment will be submitted to the Court by the probation office, along with the Sentencing Reduction Investigation Report.
IT IS SO STIPULATED: 2
Upon consideration of the stipulation submitted by the parties, it is hereby ORDERED
11 that the defendant's sentence is reduced to 60 months; and it is further ORDERED that all 12 original conditions of supervision, fines, restitution, and special assessment remain as previously 13 imposed. 14 15
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