Filed: Jan. 25, 2016
Latest Update: Jan. 25, 2016
Summary: AMENDED STIPULATED MOTION AND ORDER TO REDUCE SENTENCE PURSUANT TO 18 U.S.C. 3582(c)(2) RETROACTIVE DRUGS-MINUS-TWO REDUCTION CASE DALE A. DROZD , District Judge . Defendant, ABUNDIO HERNANDEZ, 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 impri
Summary: AMENDED STIPULATED MOTION AND ORDER TO REDUCE SENTENCE PURSUANT TO 18 U.S.C. 3582(c)(2) RETROACTIVE DRUGS-MINUS-TWO REDUCTION CASE DALE A. DROZD , District Judge . Defendant, ABUNDIO HERNANDEZ, 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 impris..
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AMENDED STIPULATED MOTION AND ORDER TO REDUCE SENTENCE PURSUANT TO 18 U.S.C. § 3582(c)(2) RETROACTIVE DRUGS-MINUS-TWO REDUCTION CASE
DALE A. DROZD, District Judge.
Defendant, ABUNDIO HERNANDEZ, 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 May 31, 2011, this Court sentenced Mr. Hernandez to a term of 86 months imprisonment;
3. His total offense level was 31, his criminal history category was I, and the resulting guideline range was 108 to 135 months. He received a reduction from the low-end of the range on the government's motion;
4. The sentencing range applicable to Mr. Hernandez 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. Hernandez' total offense level has been reduced from 31 to 29, and his amended guideline range is 87 to 108 months. A reduction comparable to the one he received initially yields a term of 69 months;
6. Accordingly, the parties request the Court enter the order lodged herewith reducing Mr. Hernandez' term of imprisonment to 69 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 have stipulated, and the Court finds, that Mr. Hernandez is entitled to the benefit of Amendment 782 to the United States Sentencing Guidelines, application of which reduces his total adjusted offense level from 31 to 29, resulting in an amended sentencing guideline range of 87 to 108 months. A reduction from the sentencing guideline range commensurate to the one defendant Hernandez received at the time of his original sentencing yields a term of 69 months imprisonment.
IT IS HEREBY ORDERED that the term of imprisonment imposed in May 2011 is
reduced to a term of 69 months. If this sentence is less than the amount of time the defendant has already served as of the date of this order, the sentence is reduced to a time served sentence.
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 AO247 on the United States Bureau of Prisons and the United States Probation Office.
Unless otherwise ordered, Mr. Hernandez shall report to the United States Probation Office within seventy-two hours after his release from confinement.
IT IS SO ORDERED.
