STIPULATED MOTION AND ORDER TO REDUCE SENTENCE PURSUANT TO 18 U.S.C. § 3582(c)(2)

RETROACTIVE DRUGS-MINUS-TWO REDUCTION CASE

MORRISON C. ENGLAND, Jr., Chief District Judge.

Defendant, DAVID CHONG, by and through his attorney, Hannah R. Labaree, 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 May 16, 2013, this Court sentenced Mr. Chong to a term of 120 months imprisonment;

3. His total offense level was 32, his criminal history category was I, and the resulting guideline range was 121 to 151 months;

4. The sentencing range applicable to Mr. Chong 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. Chong's total offense level has been reduced from 32 to 30, and his amended guideline range is 97 to 121 months;

6. Accordingly, the parties request the Court enter the order lodged herewith reducing Mr. Chong's term of imprisonment to a term of 97 months.

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. Chong is entitled to the benefit Amendment 782, which reduces the total offense level from 32 to 30, resulting in an amended guideline range of 97 to 121 months.

IT IS HEREBY ORDERED that the term of imprisonment imposed in May 2013 is reduced to a term of 97 months.

IT IS FURTHER ORDERED that all other terms and provisions of the original judgment

IT IS SO ORDERED.