5:05-cr-00009•USA v. Eckles et al
Full text
O AO 247 (NC/W 11/11) Order Regarding M otion for Sentence Reduction UNITED STATES DISTRICT COURT for the Western District of North Carolina United States of America ) ) ) ) ) ) v. SHON TIW ONG VANDERBURG a/k/a(s): Shon Tigwon Vanderburg & Shon Tygwon Vanderburg Case No: 5:05CR9-27 USM No: 19942-058 Date of Original Judgment: February 20, 2007 Date of Last Amended Judgment: N/A Carol Bauer 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, 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: ê DENIED. í GRANTED and the defendant’s previously imposed sentence of imprisonment (as reflected in the last judgment issued) of is reduced to I. COURT DETERMINATION OF GUIDELINE RANGE (Prior to Any Departures) Original Offense Level: 21 Amended Offense Level: 21 Criminal History Category: IV Criminal History Category: IV Original Guideline Range: Cts 1, 18, & 19: 120 months Amended Guideline Range: Cts. 1, 18, & 19: 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 and the reduced sentence is comparably less than the amended guideline range. í The reduced sentence is above the amended guideline range. ê Other (explain): Due to the statutory mandatory minimum sentence required in this case (§ 851 filed), there is no change in the guideline calculations. The application of Amendment 750 provides no change in the guideline calculations in this case. III. ADDITIONAL COMMENTS Except as provided above, all provisions of the judgment dated February 20, 2007, shall remain in effect. IT IS SO ORDERED. Order Date: April 20, 2012 Effective Date: (if different from order date) Case 5:05-cr-00009-MEO-DCK Document 1453 Filed 04/23/12 Page 1 of 2
Case 5:05-cr-00009-MEO-DCK Document 1453 Filed 04/23/12 Page 2 of 2
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SAO 247 (NC/W 11/11) Order Regarding Motion for Sentence Reduction UNITED STATES DISTRICT COURT for the Western District of North Carolina United States of America Vv. SHON TIWONG VANDERBURG a/k/a(s): Shon Tigwon Vanderburg & Shon Tygwon Case No: 5:05CR9-27 Vanderburg USM No: 19942-058 Date of Original Judgment: February 20, 2007 were re wr Date of Last Amended Judgment: N/A Carol Bauer Defendant’s Attorney Order Regarding Motion for Sentence Reduction Pursuant to 18 U.S.C. § 3582(c)(2) Upon motion of M@ the defendant O 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: m DENIED. O GRANTED and the defendant’s previously imposed sentence of imprisonment (as reflected in the last judgment issued) of is reduced to I. COURT DETERMINATION OF GUIDELINE RANGE (Prior to Any Departures) Original Offense Level: 21 Amended Offense Level: 21 Criminal History Category: IV Criminal History Category: IV Cts 1,18, & 19: 120 Cts. 1, 18, & 19: 120 Original Guideline Range: months Amended Guideline Range: months ll. SENTENCE RELATIVE TO 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 and the reduced sentence is comparably less than the amended guideline range. © The reduced sentence is above the amended guideline range. @ Other (explain): Due to the statutory mandatory minimum sentence required in this case (§ 851 filed), there is no change in the guideline calculations. The application of Amendment 750 provides no change in the guideline calculations in this case. Hl. ADDITIONAL COMMENTS Except as provided above, all provisions of the judgment dated February 20, 2007, shall remain in effect. IT ISSO ORDERED. Order Date: April 20, 2012 Effective Date: (if different from order date) Richard L. Voorhees United States District Judge ee 5:05-cr-O0009-MEO-DCK Document 1453 Filed 04/23/12 Page 1of2 INFORMATION GPO Case 5:05-cr-O0009-MEO-DCK Document 1453 Filed 04/23/12 Page 2 of 2
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