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United States v. Cotton

UNITED STATES DISTRICT COURT for the Southern District of Illinois


June 18, 2009

UNITED STATES OF AMERICA
v.
LARRY COTTON, JR.

The opinion of the court was delivered by: David R. Herndon United States District Chief Judge

USM No: 07597-025

Date of Previous Judgment: 01/19/2007

Phillip J. Kavanaugh

(Use Date of Last Amended Judgment if Applicable)

Defendant's Attorney

Order Regarding Motion for Sentence Reduction Pursuant to 18 U.S.C. § 3582(c)(2)

Upon motion of X the defendant ' the Director of the Bureau of Prisons ' the court under 18 U.S.C. § 3582(c)(2) for a reduction in the term of imprisonment imposed based on a guideline sentencing range that has subsequently been lowered and made retroactive by the United States Sentencing Commission pursuant to 28 U.S.C. § 994(u), and having considered such motion,

IT IS ORDERED that the motion is:

' DENIED. X GRANTED and the defendant's previously imposed sentence of imprisonment (as reflected in the last judgment issued) of 100 months is reduced to 85 months .

I. COURT DETERMINATION OF GUIDELINE RANGE(Prior to Any Departures)

Previous Offense Level: 23 Amended Offense Level: 21 Criminal History Category: VI Criminal History Category: VI Previous Guideline Range: 92 to 115 months Amended Guideline Range: 77 to 96 months

II. SENTENCE RELATIVE TO AMENDED GUIDELINE RANGE

X The reduced sentence is within the amended guideline range. ' The previous term of imprisonment imposed was less than the guideline range applicable to the defendant at the time of sentencing as a result of a departure or Rule 35 reduction, and the reduced sentence is comparably less than the amended guideline range. ' Other (explain):

III. ADDITIONAL COMMENTS

This Order is entered as the result of U.S.S.G. Amendment 706 as amended by 711, relating to crack cocaine. If this sentence is less than the amount of time the defendant has already served, the sentence is reduced to a "time served" sentence, understanding that it is the intent of the Court that this order not affect the length of supervised release ordered previously.

Except as provided above, all provisions of the judgment dated 01/19/2007 shall remain in effect.

IT IS SO ORDERED.

Effective Date: June 28, 2009

20090618

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