5:05-cr-00009•USA v. Eckles et al
Full text
OAO 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 ) ) ) ) ) ) v. ANTHONY DEW AYNE MCCLELLAND, a/k/a "Ant" Case No: 5:05CR9-13 USM No: 19979-058 Date of Previous Judgment: April 18, 2006 Robert Carpenter (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: ê DENIED. í GRANTED and the defendant’s previously imposed sentence of imprisonment (as reflected in the last judgment issued) of months is reduced to . I. COURT DETERMINATION OF GUIDELINE RANGE (Prior to Any Departures) Previous Offense Level: 34 Amended Offense Level: 34 (Career Offender) Criminal History Category: VI Criminal History Category: VI Previous Guideline Range: 262 to 327 months Amended Guideline Range: 262 to 327 months II. SENTENCE RELATIVE TO AMENDED GUIDELINE RANGE í The reduced sentence is within the amended guideline range. í 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. ê Other (explain): No change as the guideline range remains the same as the defendant's total offense level was not reduced due to his classification as a career offender. III. ADDITIONAL COMMENTS Except as provided above, all provisions of the judgment dated April 18, 2006, shall remain in effect. IT IS SO ORDERED. Order Date: April 28, 2010 Effective Date: April 28, 2010 (if different from order date) Case 5:05-cr-00009-MEO-DCK Document 1324 Filed 04/29/10 Page 1 of 2
Case 5:05-cr-00009-MEO-DCK Document 1324 Filed 04/29/10 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 V. ANTHONY DEWAYNE MCCLELLAND, a/k/a "Ant" Case No: 5:05CR9-13 USM No: 19979-058 Date of Previous Judgment: April 18, 2006 Robert Carpenter YS @™Y a SS (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 m 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: m DENIED. oO GRANTED and the defendant’s previously imposed sentence of imprisonment (as reflected in the last judgment issued) of months is reduced to I. COURT DETERMINATION OF GUIDELINE RANGE (Prior to Any Departures) 34 (Career Previous Offense Level: 34 Amended Offense Level: Offender) Criminal History Category: VI Criminal History Category: VI Previous Guideline Range: 262 to 327 months Amended Guideline Range: 262 to 327. _ months Il. SENTENCE RELATIVE TO AMENDED GUIDELINE RANGE a The reduced sentence is within the amended guideline range. a 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. m@ Other (explain): No change as the guideline range remains the same as the defendant's total offense level was not reduced due to his classification as a career offender. Ul. ADDITIONAL COMMENTS Except as provided above, all provisions of the judgment dated April 18, 2006, shall remain in effect. IT IS SO ORDERED. Order Date: April 28, 2010 pte Loeb Effective Date: April 28, 2010 (if different from order date) Richard L. Voorhees United States District Judge ee 5:05-cr-00009-MEO-DCK Document 1324 Filed 04/29/10 Page 1 of 2 INFORMATION GPO Case 5:05-cr-00009-MEO-DCK Document 1324 Filed 04/29/10 Page 2 of 2
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