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United States v. Martinez

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


October 15, 2008

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JOSE R. MARTINEZ, DEFENDANT.

The opinion of the court was delivered by: Herndon, Chief Judge

ORDER

Now before the Court is Martinez's motion/memorandum in support of sentence reduction (Doc. 169). On September 19, 2008, the Court, pursuant to 18 U.S.C. § 3582(c)(2), reduced Martinez's sentence 38 months - from 190 months to 152 months (Doc. 168).*fn1 In his motion/memorandum, Martinez argues that the Court should grant him an additional 17 months for a total of a 55 month reduction to a term of 135 months as that term of imprisonment is significant enough to punish him for his crimes. He further maintains that his criminal record is not lengthy and is non-violent; that he has been transferred to a lower security facility; that he has completed several educational programs; that he has taken responsibility for his past crime and that he still continues to have familial support. Having reviewed the record in this case, the Court finds that the reduction from 190 months to 152 months is appropriate. Martinez's original sentence of 190 months is in the middle of the then applicable guideline range and his reduction sentence of 152 is also in the middle of the applicable guideline range and it is consistent with the sentence previously imposed. Thus, the Court DENIES Martinez's motion/memorandum in support of sentence reduction (Doc. 169).

IT IS SO ORDERED.

David R. Herndon Chief Judge United States District Court


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