USA v. Davis
Criminal

District of Nebraska, ned-8:2004-cr-00199-31670

ORDER REDUCING SENTENCE - USSC Amendment as to Billy D. Davis (1). The defendant's previously imposed sentence of imprisonment of 262 months is reduced to 210 months. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)

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8:04-cr-00199-LSC-FG3 Doc # 242 Filed: 01/12/16 Page 1 of 2 - Page ID # 1554 AO 247 (Rev. 11/11) 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 DistrictDistrict __________ of Nebraska of __________ United States of America v.) Billy D. Davis)) Case No: 8:04CR199) USM No: 80388-008 Date of Original Judgment: 12/02/2005) Date of Previous Amended Judgment: 05/15/2008) Karen M. Shanahan (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 ✔ u the defendant u the Director of the Bureau of Prisons u 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: u DENIED. u ✔ GRANTED and the defendant's previously imposed sentence of imprisonment (as reflected in the last judgment issued) of 262 months is reduced to 210. (Complete Parts I and II of Page 2 when motion is granted) Except as otherwise provided, all provisions of the judgment dated 12/02/2005 shall remain in effect. IT IS SO ORDERED. Order Date: 01/12/2016 Judge's signature Effective Date: Laurie Smith Camp, Chief U.S. District Judge (if different from order date) Printed name and title 8:04-cr-00199-LSC-FG3 Doc # 242 Filed: 01/12/16 Page 2 of 2 - Page ID # 1555 AO 247 (Rev. 11/11) 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) Billy D. Davis DEFENDANT: CASE NUMBER: 8:04CR199 DISTRICT: District of Nebraska I. COURT DETERMINATION OF GUIDELINE RANGE (Prior to Any Departures) Previous Total Offense Level: 38 Amended Total Offense Level: 32 Criminal History Category: VI Criminal History Category: VI Previous Guideline Range: 360 XXXXX Amended Guideline Range: to life months 210 to 262 months II. SENTENCE RELATIVE TO THE AMENDED GUIDELINE RANGE ✔ u The reduced sentence is within the amended guideline range. u 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. u The reduced sentence is above the amended guideline range. III. ADDITIONAL COMMENTS The Defendant's Unopposed Motion to Reduce Sentence - USSC Amendment (Filing No. 240) is granted; and the parties' Stipulation regarding the Unopposed Motion to Reduce Sentence - USSC Amendment (Filing No. 241) is approved. NOTE: Mr. Davis was granted an additional 62 months reduction resulting in a sentence of 262 months on May 7, 2012.