UNITED STATES DISTRICT COURT NORTHERN District of NEW YORK
June 5, 2009
UNITED STATES OF AMERICA
ORDER REGARDING MOTION FOR SENTENCE REDUCTION PURSUANTTO 18 U.S.C. § 3582(c)(2)
USM Number: 12771-052 Date of Previous Judgment: August 5, 2005 Lisa Peebles, 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 motion is: : DENIED.
I. COURT DETERMINATION OF GUIDELINE RANGE(Prior to Any Departures)
Previous Offense Level: 28 Amended Offense Level: Criminal History Category: IV Criminal History Category: Previous Guideline Range: 180 months as required by statute Amended Guideline Range:
II. SENTENCE RELATIVE TO AMENDED GUIDELINE RANGE
9 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 defendant was sentenced to a 10 year mandatory minimum sentence on Count 1 and a consecutive 5 year mandatory minimum sentence on Count 2.
IT IS SO ORDERED.
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