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United States of America v. Robert Gaither

UNITED STATES DISTRICT CCOURT for the Southern District of Illinois


October 24, 2011

UNITED STATES OF AMERICA
v.
ROBERT GAITHER

The opinion of the court was delivered by: G. Patrick Murphy, United States District Judge

AO 247 (06/09) Order Regarding Motion for Sentence Reduction Pursuant to 18 U.S.C. § 3582 (c) (2)

USM No: 05927-025

Date of Previous Judgment: 10/15/2002 Thomas C. Gabel

(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, and taking into account the sentencing factors set forth in 18 U.S.C. § 3553(a), to the extent that they are applicable,

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 6/23/2010 of 139 months is reduced to 111 months .

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

Previous Offense Level: 35 Amended Offense Level: 33 Criminal History Category: III Criminal History Category: III Previous Guideline Range: 210 to 262 months Amended Guideline Range: 168 to 210 months

II. SENTENCE RELATIVE TO AMENDED GUIDELINE RANGE

' The reduced sentence is within the amended guideline range.

X 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 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 10/15/2002 shall remain in effect.

IT IS SO ORDERED.

Judge's signature

Effective Date: 11/01/2011

(if different from order date) Printed name and title

20111024

© 1992-2011 VersusLaw Inc.



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