3:17-cr-00134•USA v. Addison et al
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AO 247 (Rev. 03/19) Order Regarding Motion for Sentence Reduction Pursuant to 18 U.S.C. § 3582(c)(2) Page 1 of 2 (Page 2 Not for Public Disclosure) UNITED STATES DISTRICT COURT for the Western District of North Carolina United States of America ) ) ) ) ) ) v. Cynthia Gilmore Case No: 0419 3:17CR00134-019 USM No: 63556-056 Date of Original Judgment: 10/22/2018 Date of Previous Amended Judgment: Pro Se (Use Date of Last Amended Judgment if Any) Defendant’s Attorney ORDER REGARDING MOTION FOR SENTENCE REDUCTION PURSUANT TO 18 U.S.C. § 3582(c)(2) Upon motion of ☒ 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, 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: ☒ DENIED. ☐ GRANTED and the defendant’s previously imposed sentence of imprisonment (as reflected in the last judgment issued) of months is reduced to . (See Page 2 for additional parts. Complete Parts I and II of Page 2 when motion is granted) Except as otherwise provided, all provisions of the judgment dated 11/08/2018 , shall remain in effect. IT IS SO ORDERED. Effective Date: (if different from order date) Signed: February 9, 2024 Case 3:17-cr-00134-FDW-MTO Document 3544 Filed 02/09/24 Page 1 of 2
AO 247 (Rev. 03/19) Order Regarding Motion for Sentence Reduction Pursuant to 18 U.S.C. § 3582(c)(2) Page 2 of 2 (Page 2 Not for Public Disclosure) This page contains information that should not be filed in court unless under seal. (Not for Public Disclosure) Cynthia Gilmore DEFENDANT: CASE NUMBER: 0419 3:17CR00134 DISTRICT: Western District of North Carolina I. COURT DETERMINATION OF GUIDELINE RANGE (Prior to Any Departures) Previous Total Offense Level: 36 Amended Total Offense Level: Criminal History Category: II Criminal History Category: Previous Guideline Range: 210 to 240 months Amended Guideline Range: to months II. SENTENCE RELATIVE TO THE 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 as a result of a substantial assistance departure or Rule 35 reduction, and the reduced sentence is comparably less than the amended guideline range. ☐ The reduced sentence is above the amended guideline range. III. FACTORS CONSIDERED UNDER USSG § 1B1.10 AND 18 U.S.C. § 3553(a) (See Chavez-Meza v. United States, 138 S.Ct. 1959 (2018)) Defendant is not eligible for a sentence reduction under Amendment 821 to the United States Sentencing Guidelines because “status points” were not applied to determine Defendant’s criminal history category in this case, and Defendant is not a “Zero-Point Offender” who meets the criteria at § 4C1.1 of the Guidelines. Case 3:17-cr-00134-FDW-MTO Document 3544 Filed 02/09/24 Page 2 of 2
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