USA v. Haynes et al
Criminal

District of Nebraska, ned-8:2004-cr-00294-31959

ORDER REGARDING MOTION TO REDUCE SENTENCE UNDER 2011 CRACK COCAINE GUIDELINE AMENDMENT - The unopposed motion (Filing No. {{262}}) is GRANTED; the stipulation (Filing No. {{263}}) is approved; the Defendant's previously imposed sentence of imprison ment (as reflected in the last judgment issued) of 188 months, later reduced to 151 months, is reduced to 121 months; and the Defendant's pro se motion (Filing No. {{258}}) is denied as moot. Except as provided above, all provisions of the judgment dated 5/11/2005 shall remain in effect. Effective date: 12/20/2011 as to Glenn E. Wagner (2). Ordered by Chief Judge Laurie Smith Camp. (1 Certified copy to USM)(GJG)

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8:04-cr-00294-LSC-FG3 Doc # 264 Filed: 12/20/11 Page 1 of 1 - Page ID # 890 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,) 8:04CR294 Plaintiff,)) v.) USM No: 13896-047) GLENN E. WAGNER,) David R. Stickman Defendant.) Defendant's Attorney Date of previous judgment: May 11, 2005) Date of prior sentence reduction: August 13, 2008) Order Regarding Motions for Sentence Reduction Pursuant to 18 U.S.C. § 3582(c)(2) Upon motions 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 motions, IT IS ORDERED: the unopposed motion (Filing No. 262) is GRANTED; the stipulation (Filing No. 263) is approved; the Defendant's previously imposed sentence of imprisonment (as reflected in the last judgment issued) of 188 months, later reduced to 151 months, is reduced to 121 months; and the Defendant's pro se motion (Filing No. 258) is denied as moot. I. COURT DETERMINATION OF GUIDELINE RANGE (Prior to Any Departures) Previous Offense Level: 35 Amended Offense Level: 31 Criminal History Category: II Criminal History Category: II Previous Guideline Range: 188 to 235 months Amended Guideline Range: 121 to 151 months II. SENTENCE RELATIVE TO AMENDED GUIDELINE RANGE T 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 11, 2005, shall remain in effect. The fine range is $15,000-$4,000,000. IT IS SO ORDERED. Dated this 20th day of December, 2011 Effective Date: December 20, 2011 s/Laurie Smith Camp Chief United States District Judge