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U.S. v. McCOY, 3:06-cr-337-J-33MCR. (2012)

Court: District Court, M.D. Florida Number: infdco20120316a59 Visitors: 9
Filed: Mar. 15, 2012
Latest Update: Mar. 15, 2012
Summary: ORDER VIRGINIA M. HERNANDEZ COVINGTON, District Judge. UPON DUE CONSIDERATION of Defendant's Motion Pursuant to Title 18 U.S.C. 3582 to Modify a Term of Imprisonment (Doc. # 45), filed on March 9, 2012, the United States Probation Office's Supplemental Presentence Report and the Joint Stipulation Regarding Retroactive Application of Revised Cocaine Base Sentencing Guidelines (Doc. # 49), filed on March 15, 2012, it is ORDERED, ADJUDGED, and DECREED: (1) The Court finds that Defendant i
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ORDER

VIRGINIA M. HERNANDEZ COVINGTON, District Judge.

UPON DUE CONSIDERATION of Defendant's Motion Pursuant to Title 18 U.S.C. § 3582 to Modify a Term of Imprisonment (Doc. # 45), filed on March 9, 2012, the United States Probation Office's Supplemental Presentence Report and the Joint Stipulation Regarding Retroactive Application of Revised Cocaine Base Sentencing Guidelines (Doc. # 49), filed on March 15, 2012, it is

ORDERED, ADJUDGED, and DECREED:

(1) The Court finds that Defendant is eligible and suitable for a reduction in his base offense level pursuant to Amendment 750 of the United States Sentencing Guidelines.

(2) On November 15, 2007, the Court sentenced Defendant to a period of 87 months imprisonment, followed by a four year term of supervised release. (Doc. # 41). Due to the retroactive application of Amendment 750, which became effective as of November 1, 2011, the Court reduces Defendant's sentence from a period of 87 months to a period of 60 months, or time served, whichever is greater. See USSG § 1B1.10(b)(2)(C).

(3) The Judgment in a Criminal Case (Doc. # 42) is amended to provide:

The Defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of 60 MONTHS, or time served, whichever is greater, as to Count One (1) of the Indictment.

(4) All other provisions set forth in the Judgment shall remain in full force and effect.

(5) Defendant's Motion Pursuant to Title 18 U.S.C. § 3582 to Modify a Term of Imprisonment (Doc. # 45) is granted to the extent detailed herein.

(6) This Order is STAYED for ten (10) calendar days, or until such time as the Bureau of Prisons completes the release preparations required by law, whichever occurs sooner.

DONE and ORDERED.

Source:  Leagle

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