Filed: Jul. 02, 2015
Latest Update: Jul. 02, 2015
Summary: STIPULATION AND [] ORDER REGARDING SENTENCE REDUCTION UNDER U.S.S.G. 1B1.1(b) AND AMENDMENT 782 RONALD M. WHYTE , District Judge . IT IS HEREBY STIPULATED AND AGREED, by and between the parties acting through their respective counsel, that: 1. Defendant is making an unopposed motion for modification of his sentence pursuant to 18 U.S.C. 3582(c)(2). 2. Defendant's original guideline calculation was as follows: Total Offense Level: 28 Criminal History Category: III Guideline Range: 9
Summary: STIPULATION AND [] ORDER REGARDING SENTENCE REDUCTION UNDER U.S.S.G. 1B1.1(b) AND AMENDMENT 782 RONALD M. WHYTE , District Judge . IT IS HEREBY STIPULATED AND AGREED, by and between the parties acting through their respective counsel, that: 1. Defendant is making an unopposed motion for modification of his sentence pursuant to 18 U.S.C. 3582(c)(2). 2. Defendant's original guideline calculation was as follows: Total Offense Level: 28 Criminal History Category: III Guideline Range: 97..
More
STIPULATION AND [] ORDER REGARDING SENTENCE REDUCTION UNDER U.S.S.G. § 1B1.1(b) AND AMENDMENT 782
RONALD M. WHYTE, District Judge.
IT IS HEREBY STIPULATED AND AGREED, by and between the parties acting through their respective counsel, that:
1. Defendant is making an unopposed motion for modification of his sentence pursuant to 18 U.S.C. § 3582(c)(2).
2. Defendant's original guideline calculation was as follows:
Total Offense Level: 28
Criminal History Category: III
Guideline Range: 97 to 121 months
Mandatory Minimum: 60 months
3. Defendant was sentenced to 108 months imprisonment on December 3, 2012.
4. According to the Bureau of Prisons, Defendant's current projected release date is June 10, 2021.
5. Effective November 1, 2014, this Court may order a modification in defendant's sentence pursuant to 18 U.S.C. § 3582(c), USSG § 1B1.10(b)(1), and Amendment 782, to the United States Sentencing Guidelines Manual.
6. Defendant's revised guideline calculation is as follows:
Total Offense Level: 26
Criminal History Category: III
Guideline Range: 78 to 97 months
Mandatory Minimum: 60 months
7. The parties have no reason to dispute the Sentence Reduction Investigation Report submitted to the Court by the Probation Office.
8. Based upon the foregoing, the parties hereby stipulate that the Court may enter an order reducing Defendant's term of custody to 87 months, effective November 1, 2015.
9. The parties further stipulate that all other aspects of the original judgment order including the length of term of supervised release, all conditions of supervision, fines, restitution, and special assessment remain as previously imposed.
10. Defendant stipulates that he waives and does not request a hearing in this matter pursuant to Fed. R. Crim. P. 43, 18 U.S.C. § 3582(c)(2), and United States v. Booker, 543 U.S. 220 (2005).
11. Defendant waives his right to appeal the district court's sentence.
12. Accordingly, the parties agree that an amended judgment in accordance with this stipulation may be entered by the Court in pursuant to 18 U.S.C. § 3582(c) and USSG § 1B1.10(b)(1), Amendment 782 of the Sentencing Guidelines Manual. A Sentencing Reduction Investigation Report and a proposed amended judgment will be submitted to the Court.
IT IS SO STIPULATED.
April 10, 2015 s/
_________________ ___________________________
DATED MELINDA L. HAAG
United States Attorney
J. DOUGLAS WILSON
Assistant United States Attorney
Northern District of California
IT IS SO ORDERED.
