USA v. Harper
Criminal

District of Nebraska, ned-8:2004-cr-00268-31845

ORDER REGARDING MOTION FOR SENTENCE REDUCTION PURSUANT TO 18:3582(c)(2) - motion of the defendant to reduce sentence pursuant to crack cocaine Amendment 706 {{45}} is granted and the defendant's previously imposed sentence of imprisonment (as refl ected in the last judgment issued) of 96 months is reduced to 70 months. Except as provided above, all provisions of the judgment dated 5/13/05 shall remain in effect. Effective date: 3/6/09, as to defendant Karlos Harper. Ordered by Chief Judge Joseph F. Bataillon. (JAE,)

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8:04-cr-00268-JFB-FG3 Doc # 47 Filed: 03/06/09 Page 1 of 1 - Page ID # 142 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,) 8:04CR268 Plaintiff,)) v.) USM No: 19596-047) KARLOS HARPER) MICHAEL MALONEY Defendant.) Defendant's Attorney Date of previous judgment:) 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 96 months is reduced to 70 months. I. COURT DETERMINATION OF GUIDELINE RANGE (Prior to Any Departures) Previous Offense Level: 29 Amended Offense Level 27 Criminal History Category: III Criminal History Category: III Previous Guideline Range: 120 to 135 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 May 13, 2005 shall remain in effect. IT IS SO ORDERED. Dated this 6th day of March, 2009 Effective Date: March 6, 2009 s/ Joseph F. Bataillon Chief United States District Judge