USA v. Eckles et al

5:05-cr-00009Ncwd1 giu 2009

Testo completo

O AO 247 (NC/W 03/08) Order Regarding M otion for Sentence Reduction
UNITED STATES DISTRICT COURT
for the
Western District of North Carolina
United States of America )
)
)
)
)
)
v.
SHON TIWONG VANDERBURG, a/k/a SHON TIGWON
VANDERBURG & SHON TYGWON VANDERBURG
Case No: 5:05CR9-27
USM No: 19942-058
Date of Previous Judgment: February 20, 2007 Tanzania Cannon-Eckerle
(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: 21 Amended Offense Level: 21
Criminal History Category: IV Criminal History Category: IV
Previous Guideline Range: 120 to 120 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): No reduction as the guideline range remains unchanged due to the mandatory statutory minimum
sentence. Additionally, the total offense level did not change due to the offense level calculations under
18 U.S.C. § 922(g)(1).
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: June 1, 2009
Effective Date: June 1, 2009
(if different from order date)
Case 5:05-cr-00009-MEO-DCK Document 1231 Filed 06/01/09 Page 1 of 2
Case 5:05-cr-00009-MEO-DCK Document 1231 Filed 06/01/09 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
Vv.

SHON TIWONG VANDERBURG, a/k/a SHON TIGWON Case No: 5:05CR9-27

VANDERBURG & SHON TYGWON VANDERBURG USM No: 19942-058

Date of Previous Judgment: February 20, 2007 Tanzania Cannon-Eckerle

_S—¥&¥_#“/_——_ aS

(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 Mi 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. © 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: 21 Amended Offense Level: 21

Criminal History Category: IV Criminal History Category: IV

Previous Guideline Range: 120 to 120 months Amended Guideline Range: 120 to 120 months

Il. SENTENCE RELATIVE TO AMENDED GUIDELINE RANGE
1 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 departure or Rule 35 reduction, and the reduced sentence is comparably less than the
amended guideline range.
M@ Other (explain): | No reduction as the guideline range remains unchanged due to the mandatory statutory minimum
sentence. Additionally, the total offense level did not change due to the offense level calculations under
18 U.S.C. § 922(g)(1).

Ul. ADDITIONAL COMMENTS

Except as provided above, all provisions of the judgment dated February 20, 2007 shall remain in effect.
IT ISSO ORDERED.

Order Date: June 1, 2009 pte Loeb

Effective Date: waa “ mm order date) Richard L. Voorhees
re OY ONE ES United States District Judge

INFORMATION
GPO

ee 5:05-cr-00009-MEO-DCK Document1231 Filed 06/01/09 Page 1 of 2

Case 5:05-cr-O0009-MEO-DCK Document1231 Filed 06/01/09 Page 2 of 2

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