USA v. Breakfield
Criminal

District of Nebraska, ned-8:2005-cr-00343-35860

ORDER REGARDING MOTION FOR SENTENCE REDUCTION PURSUANT TO 18:3582(c)(2) - granting {{28}} motion to reduce sentence pursuant to crack cocaine Amendment 706. IT IS ORDERED that the motion is GRANTED and the defendants previously imposed sentence of impr isonment (as reflected in the last judgment issued) of 87 months is reduced to 70 months. Except as provided above, all provisions of the judgment dated 2/24/2006 shall remain in effect. Effective date: 5/8/2008 as to Chaster Breakfield (1); granting {{29}} Stipulation as to Chaster Breakfield (1) Ordered by Chief Judge Joseph F. Bataillon. (4 Certified copies to USM)(PCV,)

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8:05-cr-00343-JFB-TDT Doc # 32 Filed: 05/08/08 Page 1 of 1 - Page ID # 97 AO 247 (02/08) Order Regarding Motion for Sentence Reduction IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA UNITED STATES OF AMERICA,) 8:05CR343 Plaintiff,)) v.) USM No: 20416-047) CHASTER BREAKFIELD) MICHAEL F. MALONEY Defendant.) Defendant's Attorney Date of previous judgment: 2/24/2006) Order Regarding Motion for Sentence Reduction Pursuant to 18 U.S.C. § 3582(c)(2) Upon motion of the defendant 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 GRANTED and the defendant's previously imposed sentence of imprisonment (as reflected in the last judgment issued) of 87 months is reduced to 70 months. I. COURT DETERMINATION OF GUIDELINE RANGE (Prior to Any Departures) Previous Offense Level: 23 Amended Offense Level: 21 Criminal History Category: V Criminal History Category: V Previous Guideline Range: 84 to 105 months Amended Guideline Range: 70 to 87 months II. 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 as a result of a departure or Rule 35 reduction, and the reduced sentence is comparably less than the amended guideline range. Other (explain): III. ADDITIONAL COMMENTS Except as provided above, all provisions of the judgment dated February 24, 2006 shall remain in effect. IT IS SO ORDERED. Dated this 8th day of May, 2008 Effective Date: May 8, 2008 s/ Joseph F. Bataillon Chief United States District Judge