The opinion of the court was delivered by: David R. Herndon United States District Chief Judge
Date of Previous Judgment: 10/19/2005
Phillip J. Kavanaugh Defendant's Attorney
(Use Date of Last Amended Judgment if Applicable)
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 285 months is reduced to 227 months .
I. COURT DETERMINATION OF GUIDELINE RANGE(Prior to Any Departures)
Previous Offense Level: 38 Amended Offense Level: 36 Criminal History Category: I Criminal History Category: I Previous Guideline Range: 235 to 293 months Amended Guideline Range: 188 to 235 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.
X Other (explain): Defendant sentenced to 227 months on each of Counts 1, 3, 4, 5, 6, 7, and 120 months on Count 8, all ...