USA v. Mendoza et al
Criminal

District of Nebraska, ned-8:2004-cr-00469-33155

ORDER REDUCING SENTENCE - USSC Amendment as to Jose Gustavo Rubio. The defendant's previously imposed sentence of imprisonment of 168 months is reduced to 135 months. Ordered by Chief Judge Laurie Smith Camp. (TCL)

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8:04-cr-00469-LSC-SMB Doc # 124 Filed: 08/25/15 Page 1 of 2 - Page ID # 355 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.) Jose Gustavo Rubio)) Case No: 8:04CR469) USM No: 20646-047 Date of Original Judgment: 04/25/2005) 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 04/25/2005 shall remain in effect. IT IS SO ORDERED. Order Date: 08/25/2015 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 8:04-cr-00469-LSC-SMB Doc # 124 Filed: 08/25/15 Page 2 of 2 - Page ID # 356 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) Jose Gustavo Rubio DEFENDANT: CASE NUMBER: 8:04CR469 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 Unopposed Motion to Reduce Sentence - USSC Amendment (Filing No. 122) is granted; the parties' Stipulation regarding the Unopposed Motion to Reduce Sentence - USSC Amendment (Filing No. 123) is approved; and the Defendant's Motion to Reduce Sentence (Filing No. 120) is denied as moot.