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United States v. Sharpley

UNITED STATES DISTRICT COURT NORTHERN District of NEW YORK


June 5, 2009

UNITED STATES OF AMERICA
v.
JOSEPH SHARPLEY

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.

Order Date

20090605

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