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United States v. Campbell

UNITED STATES DISTRICT COURT for the Western District of New York


March 25, 2008

UNITED STATES OF AMERICA
v.
JEFFREY CAMPBELL

The opinion of the court was delivered by: Hon. Charles J. Siragusa

Order Regarding Motion for Sentence Reduction

USM No: 14627-055

Date of Previous Judgment: July 9, 2007 ) Gary Muldoon, 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 T 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:

DENIED. T GRANTED and the defendant's previously imposed sentence of imprisonment (as reflected in the last judgment issued) of 46 months months is reduced to 37 months .

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

Previous Offense Level: 17 Amended Offense Level: 15 Criminal History Category: V Criminal History Category: V Previous Guideline Range: 84 to 105 months Amended Guideline Range: 70 to 87 months

II. SENTENCE RELATIVE TO AMENDED GUIDELINE RANGE

TM The reduced sentence is within the amended guideline range.

T 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.

TM Other (explain):

III. ADDITIONAL COMMENTS

Except as provided above, all provisions of the judgment dated July 9, 2007 shall remain in effect.

IT IS SO ORDERED.

Charles J. Siragusa Judge's signature

Effective Date: March 21, 2008

20080325

© 1992-2008 VersusLaw Inc.



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