USA v. Garcia et al
Criminal

District of Nebraska, ned-8:2005-cr-00094-34311

ORDER REDUCING SENTENCE - USSC Amendment as to defendant Juan Garcia. The defendant's previously imposed sentence of imprisonment of 168 months is reduced to 135 months. Ordered by Chief Judge Laurie Smith Camp. (MBM) Modified on 8/4/2015 to remove copy mailed.

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8:05-cr-00094-LSC-FG3 Doc # 478 Filed: 08/03/15 Page 1 of 2 - Page ID # 1781 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.) Juan Garcia)) Case No: 8:05CR94) USM No: 20504-047 Date of Original Judgment: 03/22/2007) Date of Previous Amended Judgment:) David R. Stickman (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 168 months is reduced to 135 months. (Complete Parts I and II of Page 2 when motion is granted) Except as otherwise provided, all provisions of the judgment dated 03/22/2007 shall remain in effect. IT IS SO ORDERED. Order Date: 08/03/2015 Judge's signature Effective Date: 11/02/2015 Laurie Smith Camp, Chief U.S. District Judge (if different from order date) Printed name and title 8:05-cr-00094-LSC-FG3 Doc # 478 Filed: 08/03/15 Page 2 of 2 - Page ID # 1782 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) Juan Garcia DEFENDANT: CASE NUMBER: 8:05CR94 DISTRICT: District of Nebraska I. COURT DETERMINATION OF GUIDELINE RANGE (Prior to Any Departures) Previous Total Offense Level: 35 Amended Total Offense Level: 33 Criminal History Category: I Criminal History Category: I Previous Guideline Range: 168 to 210 months Amended Guideline Range: 135 to 168 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 pro se Motion to Reduce Sentence - USSC Amendment (Filing No. 468) is granted, the Defendant's Unopposed Motion to Reduce Sentence - USSC Amendment (Filing No. 475) is granted and the parties' Stipulation regarding the Unopposed Motion to Reduce Sentence - USSC Amendment (Filing No. 476) is approved.