UNITED STATES DISTRICT CCOURT for the Western District of New York
March 25, 2008
UNITED STATES OF AMERICA
The opinion of the court was delivered by: Charles J. Siragusa, U.S. District Judge
Order Regarding Motion for Sentence Reduction
USM No: Date of Previous Judgment: August 14, 2001 ) Joel Krane, Esq.
(Use Date of Last Amended Judgment if Applicable) ) Defendant's Attorney
Amended Order Regarding Motion for Sentence Reduction Pursuant to 18 U.S.C. § 3582(c)(2)
Upon motion of TM the defendant TM the Director of the Bureau of Prisons x 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:
TM DENIED. X GRANTED and the defendant's previously imposed sentence of imprisonment (as reflected in the last judgment issued) of 135 months is reduced to 120 months .
I. COURT DETERMINATION OF GUIDELINE RANGE(Prior to Any Departures)
Previous Offense Level: 32 Amended Offense Level: 30 Criminal History Category: II Criminal History Category: II Previous Guideline Range: 135 to 168 months Amended Guideline Range: 108 to 135 months
II. SENTENCE RELATIVE TO AMENDED GUIDELINE RANGE
X The reduced sentence is within the amended guideline range.
TM 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.
X Other (explain): Based on a sentencing guideline range of 135 to 168 months, the Court previously sentenced the defendant to 135 months. With an amended sentencing guideline range of 108 to 135 months, the Court sentences the defendant to 120 months, which is the statutory minimum.
III. ADDITIONAL COMMENTS
Except as provided above, all provisions of the judgment dated 8/14/2001 shall remain in effect.
IT IS SO ORDERED.
Date: March 24, 2008
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