UNITED STATES DISTRICT COURT NORTHERN District of NEW YORK
July 14, 2008
UNITED STATES OF AMERICA
ORDER REGARDING MOTION FOR SENTENCE REDUCTION PURSUANTTO 18 U.S.C. § 3582(c)(2) AND APPOINTMENT OF COUNSEL
USM Number: 13897-052 Date of Previous Judgment: December 13, 2007 S. Lance Cimino, 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 G 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 motions are:
I. COURT DETERMINATION OF GUIDELINE RANGE(Prior to Any Departures)
Previous Offense Level: 29 Amended Offense Level: Criminal History Category: VI Criminal History Category: Previous Guideline Range: 151 to 188 months Amended Guideline Range: to months
II. SENTENCE RELATIVE TO AMENDED GUIDELINE RANGE
G 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
The reduction pursuant to 18 U.S.C. § 3582 was already calculated into defendant's sentence, imposed on December13, 2007.
IT IS SO ORDERED.
Effective Date (if different from order date)
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