USA v. Eckles et al

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.
DARLENE ECKLES Case No: 5:05CR00009-005
USM No: 19926-058
Date of Previous Judgment: 4/17/2007 David Burgess
(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 235 months is reduced to 188 months .
I. COURT DETERMINATION OF GUIDELINE RANGE (Prior to Any Departures)
Previous Offense Level: 38 Amended Offense Level: 36
Criminal History Category: I Criminal History Category: I
Previous Guideline Range: 235 to 240 months Amended Guideline Range: 188 to 235 months
II. SENTENCE RELATIVE TO AMENDED GUIDELINE RANGE
ê 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.
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
Except as provided above, all provisions of the judgment dated 4/17/2007 shall remain in effect.
IT IS SO ORDERED.
Order Date: March 4, 2010
Effective Date: March 4, 2010
(if different from order date)
Case 5:05-cr-00009-MEO-DCK Document 1309 Filed 03/04/10 Page 1 of 1