5:05-cr-00009•USA v. Eckles et al
Full text
O AO 247 (NC/W 03/08) Order Regarding M otion for Sentence Reduction UNITED STATES DISTRICT COURT for the Western District of North Carolina United States of America ) ) ) ) ) ) v. SHANIKA SHEVONE DALTON Case No: 5:05CR09-30-V USM No: 20216-058 Date of Previous Judgment: April 17, 2007 Keith M. Stroud (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 ê the defendant í the Director of the Bureau of Prisons í 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: í DENIED. ê GRANTED and the defendant’s previously imposed sentence of imprisonment (as reflected in the last judgment issued) of 120 months is reduced to 95 months . I. COURT DETERMINATION OF GUIDELINE RANGE (Prior to Any Departures) Previous Offense Level: 33 Amended Offense Level: 31 Criminal History Category: I Criminal History Category: I Previous Guideline Range: 135 to 168 months Amended Guideline Range: 108 to 135 months II. SENTENCE RELATIVE TO AMENDED GUIDELINE RANGE í The reduced sentence is within the amended guideline range. ê 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. í Other (explain): III. ADDITIONAL COMMENTS Upon release from imprisonment, and absent a residential plan accepted by the U.S. Probation Officer prior to release from incarceration, it is ordered that as a condition of supervised release the defendant shall submit to the local Residential Reentry Center for a period not to exceed 90 days, with work release, at the direction of the U.S. Probation Officer. Except as provided above, all provisions of the judgment dated April 17, 2007, shall remain in effect. IT IS SO ORDERED. Order Date: March 16, 2009 Effective Date: March 16, 2009 (if different from order date) Case 5:05-cr-00009-MEO-DCK Document 1171 Filed 03/17/09 Page 1 of 2
Case 5:05-cr-00009-MEO-DCK Document 1171 Filed 03/17/09 Page 2 of 2
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AO 247 (NC/W 03/08) Order Regarding Motion for Sentence Reduction UNITED STATES DISTRICT COURT for the Western District of North Carolina United States of America Vv. SHANIKA SHEVONE DALTON Case No: 5:05CR09-30-V USM No: 20216-058 Date of Previous Judgment: April 17, 2007 Keith M. Stroud _S—¥&¥_#“/_——_ aS (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 Mi 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: O DENIED. & GRANTED and the defendant’s previously imposed sentence of imprisonment (as reflected in the last judgment issued) of 120 months is reduced to 95 months I. COURT DETERMINATION OF GUIDELINE RANGE (Prior to Any Departures) Previous Offense Level: 33 Amended Offense Level: 31 Criminal History Category: I Criminal History Category: I Previous Guideline Range: 135 to 168 months Amended Guideline Range: 108 to 135 months Il. SENTENCE RELATIVE TO AMENDED GUIDELINE RANGE 1 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. 1 Other (explain): Il. ADDITIONAL COMMENTS Upon release from imprisonment, and absent a residential plan accepted by the U.S. Probation Officer prior to release from incarceration, it is ordered that as a condition of supervised release the defendant shall submit to the local Residential Reentry Center for a period not to exceed 90 days, with work release, at the direction of the U.S. Probation Officer. Except as provided above, all provisions of the judgment dated April 17, 2007, shall remain in effect. IT ISSO ORDERED. Order Date: March 16, 2009 pte Loeb Effective Date: Marc en rder date) Richard L. Voorhees ee OPEL ES United States District Judge INFORMATION GPO ee 5:05-cr-00009-MEO-DCK Document1171 Filed 03/17/09 Page 1 of 2 Case 5:05-cr-O0009-MEO-DCK Document1171 Filed 03/17/09 Page 2 of 2
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