3:17-cr-00134•USA v. Addison et al
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AO 247 (Rev. 03/19) Order Regarding Motion for Sentence Reduction Pursuant to 18 U.S.C. § 3582(c)(2) Page 1 of 2 (Page 2 Not for Public Disclosure) UNITED STATES DISTRICT COURT for the Western District of North Carolina United States of America ) ) ) ) ) ) v. Twylain Wilson Case No: 0419 3:17CR00134-80 USM No: 33667-058 Date of Original Judgment: 07/30/2018 Date of Previous Amended Judgment: 04/27/2022 Pro se (Use Date of Last Amended Judgment if Any) Defendant’s Attorney ORDER REGARDING MOTION FOR SENTENCE REDUCTION PURSUANT TO 18 U.S.C. § 3582(c)(2) Upon motion of ☒ 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 policy statement set forth at USSG §1B1.10 and 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. ☐ GRANTED and the defendant’s previously imposed sentence of imprisonment (as reflected in the last judgment issued) of months is reduced to . (See Page 2 for additional parts. Complete Parts I and II of Page 2 when motion is granted) Except as otherwise provided, all provisions of the judgment dated 05/03/2022 , shall remain in effect. IT IS SO ORDERED. Effective Date: (if different from order date) Signed: January 31, 2024 Case 3:17-cr-00134-FDW-MTO Document 3540 Filed 01/31/24 Page 1 of 2
AO 247 (Rev. 03/19) Order Regarding Motion for Sentence Reduction Pursuant to 18 U.S.C. § 3582(c)(2) Page 2 of 2 (Page 2 Not for Public Disclosure) This page contains information that should not be filed in court unless under seal. (Not for Public Disclosure) Twylain Wilson DEFENDANT: CASE NUMBER: 0419 3:17-cr-00134 DISTRICT: Western District of North Carolina I. COURT DETERMINATION OF GUIDELINE RANGE (Prior to Any Departures) Previous Total Offense Level: Amended Total Offense Level: Criminal History Category: Criminal History Category: Previous Guideline Range: to months Amended Guideline Range: to months II. SENTENCE RELATIVE TO THE AMENDED GUIDELINE RANGE ☐ 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 substantial assistance departure or Rule 35 reduction, and the reduced sentence is comparably less than the amended guideline range. ☐ The reduced sentence is above the amended guideline range. III. FACTORS CONSIDERED UNDER USSG § 1B1.10 AND 18 U.S.C. § 3553(a) (See Chavez-Meza v. United States, 138 S.Ct. 1959 (2018)) Under United States Sentencing Guideline Amendment 821, Defendant now earns one status point towards his criminal history score instead of two status points, resulting in a total of 10 criminal history points instead of 11. With that one-point reduction, Defendant’s criminal history category remains a category V. Because the application of Amendment 821 does not change the criminal history category or total offense level the Court used to determine Defendant’s amended sentence, his guideline range remains 51 to 63 months, plus 60 months consecutive on Count 27, and he is not eligible for a reduced sentence under the Amendment. Case 3:17-cr-00134-FDW-MTO Document 3540 Filed 01/31/24 Page 2 of 2
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