UNITED STATES DISTRICT COURT NORTHERN District of NEW YORK
December 22, 2008
UNITED STATES OF AMERICA
ORDER REGARDING MOTION FOR SENTENCE REDUCTION PURSUANT TO 18 U.S.C. § 3582(c)(2) AND APPOINTMENT OF COUNSEL
USM Number: 15330-014
Date of Previous Judgment: February 16, 2005
Simon Moody, Esq.
(Use Date of Last Amended Judgment if Applicable)
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 motion (Dkt. No. 824) is:
I. COURT DETERMINATION OF GUIDELINE RANGE (Prior to Any Departures)
Previous Offense Level: 42 Amended Offense Level: Criminal History Category: V Criminal History Category: Previous Guideline Range: 360 to Life Amended Guideline Range:
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):
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III. ADDITIONAL COMMENTS
The defendant's guideline range will not change from 360 to Life as it was based on the greater of the murder guidelines and the crack guidelines.
IT IS SO ORDERED.
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