USA v. Eckles et al

5:05-cr-00009NcwdMar 17, 2009

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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