UNITED STATES DISTRICT COURT for the Western District of New York
March 25, 2008
UNITED STATES OF AMERICA
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
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