Filed: Jan. 11, 2012
Latest Update: Jan. 11, 2012
Summary: MEMORANDUM OPINION AND JUDGMENT ORDER THOMAS E. JOHNSTON, District Judge. Pending before the Court is a motion, brought pursuant to 18 U.S.C. 3582(c)(2), to reduce Defendant's sentence based on a subsequent reduction in the applicable sentencing guideline. On November 1, 2010, pursuant to the Fair Sentencing Act of 2010, the United States Sentencing Guidelines were amended resulting in reductions in the guidelines in Section 2D1.1 for cocaine base. These temporary, emergency amendments to th
Summary: MEMORANDUM OPINION AND JUDGMENT ORDER THOMAS E. JOHNSTON, District Judge. Pending before the Court is a motion, brought pursuant to 18 U.S.C. 3582(c)(2), to reduce Defendant's sentence based on a subsequent reduction in the applicable sentencing guideline. On November 1, 2010, pursuant to the Fair Sentencing Act of 2010, the United States Sentencing Guidelines were amended resulting in reductions in the guidelines in Section 2D1.1 for cocaine base. These temporary, emergency amendments to the..
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MEMORANDUM OPINION AND JUDGMENT ORDER
THOMAS E. JOHNSTON, District Judge.
Pending before the Court is a motion, brought pursuant to 18 U.S.C. § 3582(c)(2), to reduce Defendant's sentence based on a subsequent reduction in the applicable sentencing guideline. On November 1, 2010, pursuant to the Fair Sentencing Act of 2010, the United States Sentencing Guidelines were amended resulting in reductions in the guidelines in Section 2D1.1 for cocaine base. These temporary, emergency amendments to the Guidelines took effect on November 1, 2010. Permanent amendments implementing the Act were promulgated on April 6, 2011, with an effective date of November 1, 2011. Subsequently, the Sentencing Commission voted to give retroactive effect to the permanent amendments. Pursuant to a Standing Order entered on October 7, 2011, this case was designated for Expedited consideration.
The Court has received and considered the original Presentence Investigation Report (PSI), original Judgment and Commitment Order and Statement of Reasons, and addendum to the PSI from the Probation Office, and received any materials submitted by the parties on this issue. The Court has also considered the applicable factors under 18 U.S.C. § 3553(a), consistent with § 3582(c)(2), and public safety.
By its written and filed response, the United States does not object to the reduction ordered herein.
Based on the foregoing considerations, the Motion [Docket 305] is GRANTED. The Court ORDERS that Defendant's base offense level be reduced by 2 levels, resulting in a new total offense level of 31. It is further ORDERED that Defendant's previous sentence be reduced to a period of 108 months, with credit for time served to date. This Order is subject to the prohibition contained within U.S.S.G. §1B1.10(b)(2)(C). Further, the motion for leave [Docket 301] is DENIED AS MOOT.
IT IS SO ORDERED.
The Court DIRECTS the Clerk to send a copy of this Order to the Defendant and counsel, the United States Attorney, the United States Probation Office, and the United States Marshal.
