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. SHELIA DENISE W HITE Case No: 5:05CR9-17 USM No: 19960-058 Date of Previous Judgment: June 19, 2006 Denzil Forrester (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: 29 Amended Offense Level: 27 Criminal History Category: III Criminal History Category: III Previous Guideline Range: 120 to 135 months Amended Guideline Range: 120 to 120 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): The defendant originally received a term of imprisonment of the statutory minimum sentence, 120 months. However, further reductions of the guideline range would reduce the range below the mandatory statutory minimum. If Amendment 706 (Retroactive Crack Cocaine Amendment) had been in place at the original sentencing, the guideline range would still have been restricted to the mandatory minimum sentence of 120 months, per USSG §5G1.1(c)(2). III. ADDITIONAL COMMENTS Except as provided above, all provisions of the judgment dated June 19, 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 1325 Filed 04/29/10 Page 1 of 2
Case 5:05-cr-00009-MEO-DCK Document 1325 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. SHELIA DENISE WHITE Case No: 5:05CR9-17 USM No: 19960-058 Date of Previous Judgment: June 19, 2006 Denzil Forrester 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) Previous Offense Level: 29 Amended Offense Level: 27 Criminal History Category: II Criminal History Category: II Previous Guideline Range: 120 to 135 months Amended Guideline Range: 120 to 120 _ 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): The defendant originally received a term of imprisonment of the statutory minimum sentence, 120 months. However, further reductions of the guideline range would reduce the range below the mandatory statutory minimum. If Amendment 706 (Retroactive Crack Cocaine Amendment) had been in place at the original sentencing, the guideline range would still have been restricted to the mandatory minimum sentence of 120 months, per USSG §5G1.1(c)(2). Ul. ADDITIONAL COMMENTS Except as provided above, all provisions of the judgment dated June 19, 2006, shall remain in effect. IT IS SO ORDERED. Order Date: April 28, 2010 pte Leuba Effective Date: April 28, 2010 Richard L. Voorhees (if different from order date) United States District Judge INFORMATION GPO ee 5:05-cr-O0009-MEO-DCK Document 1325 _ Filed 04/29/10 Page 1of2 Case 5:05-cr-O0009-MEO-DCK Document1325 _ Filed 04/29/10 Page 2 of 2
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