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

RETROACTIVE DRUGS-MINUS-TWO REDUCTION CASE

LAWRENCE J. O'NEILL, District Judge.

Defendant, ERNESTO GRANADOS, by and through his attorney, Assistant Federal Defender Hannah R. Labaree, and plaintiff, UNITED STATES OF AMERICA, by and through its counsel, Assistant U.S. Attorney Kathleen A. Servatius, 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 March 26, 2004, this Court sentenced Mr. Granados to a total term of 181 months imprisonment, comprised of 121 months on Counts 1 and 2 (violations of 21 U.S.C. § 841(a)(1), 846 and 18 U.S.C. § 2) to be served concurrently, and 60 months on Count 4 (a violation of 18 U.S.C. 924(c)(1), to be served consecutively to Counts 1 and 2;

3. His total offense level was 30, his criminal history category was II, and the resulting guideline range was 108 to 135 months. By operation of the statutory mandatory minimum, the low-end of the range became 120 months;

4. The sentencing range applicable to Mr. Granados 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. Granados' total offense level has been reduced from 30 to 28, and his amended guideline range is 87 to 108 months, which becomes 120 months by operation of the statutory mandatory minimum;

6. Accordingly, the parties request the Court enter the order lodged herewith reducing Mr. Granados' term of imprisonment to a total term of 180 months, comprised of 120 months on Counts 1 and 2, to be served concurrently, and 60 months on Count 4, to be served consecutively.

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. Granados is entitled to the benefit Amendment 782, which reduces the total offense level from 30 to 28, resulting in an amended guideline range of 87 to 108 months.

IT IS HEREBY ORDERED that the term of imprisonment imposed in March 2004 is reduced to a total term of 180 months, comprised of 120 months on Counts 1 and 2, to be served concurrently, and 60 months on Count 4, to be served consecutively.

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. Granados shall report to the United States Probation Office within seventy-two hours after his release.

IT IS SO ORDERED.