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U.S. v. HUDSON, Cr. S 12-130 GEB. (2015)

Court: District Court, E.D. California Number: infdco20150203a22 Visitors: 20
Filed: Jan. 30, 2015
Latest Update: Jan. 30, 2015
Summary: STIPULATED MOTION AND [lodged] ORDER TO REDUCE SENTENCE PURSUANT TO 18 U.S.C. 3582(c)(2) RETROACTIVE DRUGS-MINUS-TWO REDUCTION CASE GARLAND E. BURRELL, Jr., Senior District Judge. Defendant, DYLAN HUDSON by and through his attorney, Assistant Federal Defender David M. Porter, and plaintiff, UNITED STATES OF AMERICA, by and through its counsel, Assistant U.S. Attorney Jason Hitt, hereby stipulate as follows: 1. Pursuant to 18 U.S.C. 3582(c)(2), this Court may reduce the term of imprisonme
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STIPULATED MOTION AND [lodged] ORDER TO REDUCE SENTENCE PURSUANT TO 18 U.S.C. § 3582(c)(2)

RETROACTIVE DRUGS-MINUS-TWO REDUCTION CASE

GARLAND E. BURRELL, Jr., Senior District Judge.

Defendant, DYLAN HUDSON by and through his attorney, Assistant Federal Defender David M. Porter, and plaintiff, UNITED STATES OF AMERICA, by and through its counsel, Assistant U.S. Attorney Jason Hitt, hereby stipulate as follows:

1. Pursuant to 18 U.S.C. § 3582(c)(2), this Court may reduce the term of imprisonment in the case of a defendant who has been sentenced to a term of imprisonment based on a sentencing range that has subsequently been lowered by the Sentencing Commission pursuant to 28 U.S.C. § 994(o);

2. On July 19, 2013, this Court sentenced Mr. Hudson to a term of 81 months imprisonment;

3. His total offense level was 33, his criminal history category was I, the resulting guideline range was 135 to 168 months, and he received a reduction from the low end of the applicable guideline range on the government's motion;

4. The sentencing range applicable to Mr. Hudson was subsequently lowered by the United States Sentencing Commission in Amendment 782, made retroactive on July 18, 2014, see 79 Fed. Reg. 44,973;

5. Mr. Hudson's total offense level has been reduced from 33 to 31, and his amended guideline range is 108 to 135 months; a reduction comparable to the one received at the initial sentencing would produce a term of 64 months;

6. Accordingly, the parties request the Court enter the order lodged herewith reducing Mr. Hudson's term of imprisonment to 64 months. Respectfully submitted,

ORDER

This matter came before the Court on the stipulated motion of the defendant for reduction of sentence pursuant to 18 U.S.C. § 3582(c)(2).

The parties agree, and the Court finds, that Mr. Hudson is entitled to the benefit Amendment 782, which reduces the total offense level from 33 to 31, resulting in an amended guideline range of 108 to 135 months. A reduction comparable to the one received at the initial sentencing would produce a term of 64 months.

IT IS HEREBY ORDERED that the term of imprisonment imposed in July 2013 is reduced to a term of 64 months.

IT IS FURTHER ORDERED that all other terms and provisions of the original judgment remain in effect. The clerk shall forthwith prepare an amended judgment reflecting the above reduction in sentence, and shall serve certified copies of the amended judgment on the United States Bureau of Prisons and the United States Probation Office.

Unless otherwise ordered, Mr. Hudson shall report to the United States Probation Office within seventy-two hours after his release.

Source:  Leagle

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