U NITED S TATES DISTRICT COURT for the Southern District of Illinois
October 19, 2011
UNITED STATES OF AMERICA
CINDI C. WILSON
The opinion of the court was delivered by: David R. Herndon United States District Chief Judge
OAO 247 (02/08) Order Regarding Motion for Sentence Reduction
USM No: 05280-025
Date of Previous Judgment: 12/03/2001
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 TM the Director of the Bureau of Prisons TM 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:
TM DENIED. X GRANTED and the defendant's previously imposed sentence of imprisonment (as reflected in the last judgment issued) of 168 months is reduced to 135 months .
I. COURT DETERMINATION OF GUIDELINE RANGE(Prior to Any Departures)
Previous Offense Level: 34 Amended Offense Level: 32 Criminal History Category: II Criminal History Category: II Previous Guideline Range: 168 to 210 months Amended Guideline Range: 135 to 168 months
II. SENTENCE RELATIVE TO AMENDED GUIDELINE RANGE
X The reduced sentence is within the amended guideline range. TM 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. TM Other (explain):
III. ADDITIONAL COMMENTS
This Order grants Doc. 115 and is entered as a result of USSG Amendment 750. If this sentence is less than the amount of time Defendant has served, the sentence is reduced to a "time served" sentence, understanding that it is not the intent of the Court to affect the length of supervised release previously ordered. This Order is effective November 1, 2011, absent Congressional action changing the proposed Guidelines or Amendments or other order of this Court.
Except as provided above, all provisions of the judgment dated 12/03/2001 shall remain in effect.
IT IS SO ORDERED.
Digitally signed by David R. Herndon Judge's signature
Date: 2011.10.19 15:18:33 -05'00'
Effective Date: November 1, 2011
(if different from order date) Printed name and title
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