3:17-cr-00134•USA v. Addison et al
Full text
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. Cynthia Gilmore Case No: 0419 3:17CR00134-019 USM No: 63556-056 Date of Original Judgment: 10/22/2018 Date of Previous Amended Judgment: 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 11/08/2018 , shall remain in effect. IT IS SO ORDERED. Effective Date: (if different from order date) Signed: February 9, 2024 Case 3:17-cr-00134-FDW-MTO Document 3544 Filed 02/09/24 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) Cynthia Gilmore DEFENDANT: CASE NUMBER: 0419 3:17CR00134 DISTRICT: Western District of North Carolina I. COURT DETERMINATION OF GUIDELINE RANGE (Prior to Any Departures) Previous Total Offense Level: 36 Amended Total Offense Level: Criminal History Category: II Criminal History Category: Previous Guideline Range: 210 to 240 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)) Defendant is not eligible for a sentence reduction under Amendment 821 to the United States Sentencing Guidelines because “status points” were not applied to determine Defendant’s criminal history category in this case, and Defendant is not a “Zero-Point Offender” who meets the criteria at § 4C1.1 of the Guidelines. Case 3:17-cr-00134-FDW-MTO Document 3544 Filed 02/09/24 Page 2 of 2
Wondering how this text applies to your situation?
Free consultation, no commitment
Describe your situation. Our team will contact you by email about your consultation.
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.