USA v. Lindsey
Criminal

District of Nebraska, ned-8:2005-cr-00332-35653

ORDER REGARDING MOTION FOR SENTENCE REDUCTION PURSUANT TO 18:3582(c)(2) - granting {{51}} motion to reduce sentence pursuant to crack cocaine Amendment 706 and adopting the Stipulation {{52}}. The sentence of the defendant is reduced to a term of 92 mon ths. The defendant shall receive credit for all time served. The conditions of supervised release entered in the original judgment and committal order remain in full force and effect, as to John Wayne Lindsey. Ordered by Senior Judge Lyle E. Strom. (4 Certified copies to USM) (Copy mailed to pro se party)(JAE,)

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8:05-cr-00332-LES-FG3 Doc # 55 Filed: 06/20/08 Page 1 of 2 - Page ID # 193 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA UNITED STATES OF AMERICA,)) Plaintiff,) 8:05CR332) v.)) JOHN WAYNE LINDSEY,) ORDER) Defendant.) ______________________________) This matter is before the Court on defendant's motion ro reduce sentence (Filing No. 51), and the stipulation of the parties (Filing No. 52). Pursuant to the stipulation and the retroactive amendment to the cocaine base guideline, the Court finds the total (final) offense level should be adjusted from 25 to 23. The government and defense agree that the new sentence should be ninety-two (92) months imprisonment, based on the prior computation of specific offense characteristics, adjustments, and any departures. Accordingly, IT IS ORDERED that said motion is granted and the stipulation of the parties is approved and adopted; the sentence of the defendant is reduced to a term of ninety-two (92) months. He shall receive credit for all time served. The conditions of 8:05-cr-00332-LES-FG3 Doc # 55 Filed: 06/20/08 Page 2 of 2 - Page ID # 194 supervised release entered in the original judgment and committal order remain in full force and effect. DATED this 20th day of June, 2008. BY THE COURT: /s/ Lyle E. Strom ______________________________ LYLE E. STROM, Senior Judge United States District Court -2-