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United States v. Brown

UNITED STATES DISTRICT COURT NORTHERN District of NEW YORK


May 6, 2009

UNITED STATES OF AMERICA
v.
THOMAS BROWN

ORDER AND AMENDED JUDGMENT REGARDING MOTION FOR SENTENCE REDUCTION PURSUANT TO 18 U.S.C. § 3582(c)(2)

USM Number: 59195-066 Date of Previous Judgment: June 19, 2006 Pro Se

(Use Date of Last Amended Judgment if Applicable) Defendant's Attorney

Upon motion of the defendant G the Director of the Bureau of Prisons 9 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 9 GRANTED and the defendant's previously imposed sentence of imprisonment (as reflected in the last judgment issued) of months is reduced to months.

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

Previous Offense Level: 31 Amended Offense Level: Criminal History Category: II Criminal History Category: Previous Guideline Range: 121 to 151 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. 9 Other (explain): _________________________________________________________________________________________________ ____________________________________________________________________________________________ _____

III. ADDITIONAL COMMENTS

Defendant's original sentence was a mandatory minimum and a reduction in the guideline range would not result in a sentence less than the original 120 months imposed.

All provisions of the judgment dated June 19, 2006 shall remain in effect.

IT IS SO ORDERED.

20090506

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