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United States v. Frederick

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


March 14, 2008

UNITED STATES OF AMERICA
v.
JUNIOR FREDERICK

ORDER AND AMENDED JUDGMENT REGARDING MOTION FOR SENTENCE REDUCTION PURSUANT TO 18 U.S.C. § 3582(c)(2)

USM Number: 48440-053

Date of Previous Judgment: April 7, 1998

Lisa A. Peebles, Esq. (Use Date of Last Amended Judgment if Applicable) Defendant's Attorney

Upon motion of the defendant G the Director of the Bureau of Prisons 9 the court under 18 U.S.C. § 3582(c)(2) for a reduction in the term of imprisonment imposed based on a guideline sentencing range that has subsequently been lowered and made retroactive by the United States Sentencing Commission pursuant to 28 U.S.C. § 994(u), and having considered such motion,

IT IS ORDERED that the motion is:

G DENIED. GRANTED and the defendant's previously imposed sentence of imprisonment (as reflected in the last judgment issued) of 151 months is reduced to 121 months.

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

Previous Offense Level: 34 Amended Offense Level: 32 Criminal History Category: I Criminal History Category: I Previous Guideline Range: 151 to 188 months Amended Guideline Range: 121 to 151 months

II. SENTENCE RELATIVE TO AMENDED GUIDELINE RANGE

: The reduced sentence is within the amended guideline range. 9 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 amended guideline range.

G Other (explain):

__________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________

III. ADDITIONAL COMMENTS

Except as provided above, all provisions of the judgment dated April 7, 1998 shall remain in effect.

IT IS SO ORDERED.

20080314

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