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U.S. v. MALDONADO, 1:09-cr-024 LJO. (2016)

Court: District Court, E.D. California Number: infdco20160129a13 Visitors: 8
Filed: Jan. 28, 2016
Latest Update: Jan. 28, 2016
Summary: 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, AMADO MALDONADO, by and through his attorney, 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 defen
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STIPULATED MOTION AND ORDER TO REDUCE SENTENCE PURSUANT TO 18 U.S.C. § 3582(c)(2)

RETROACTIVE DRUGS-MINUS-TWO REDUCTION CASE

Defendant, AMADO MALDONADO, by and through his attorney, 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 29, 2010, this Court sentenced Mr. Maldonado to a term of 240 months imprisonment;

3. His total offense level was 37, his criminal history category was III, and the resulting guideline range was 262 to 327 months. He received a sentence below the applicable guideline range pursuant to 18 U.S.C. § 3553(a);

4. The sentencing range applicable to Mr. Maldonado 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. Maldonado's total offense level has been reduced from 37 to 35, and his amended guideline range is 210 to 262 months;

6. Accordingly, the parties request the Court enter the order lodged herewith reducing Mr. Maldonado's term of imprisonment to a total term of 210 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. Maldonado is entitled to the benefit Amendment 782, which reduces the total offense level from 37 to 35, resulting in an amended guideline range of 210 to 262 months.

IT IS HEREBY ORDERED that the term of imprisonment imposed in March 2010 is reduced to a term of 210 months.

IT IS FURTHER ORDERED that all other terms and provisions of the original judgment remain in effect. The clerk shall forthwith prepare an AO247 form reflecting the above reduction in sentence, and shall serve certified copies of the AO 247 form on the United States Bureau of Prisons and the United States Probation Office.

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

IT IS SO ORDERED.

Source:  Leagle

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