USA v. Mendoza

District of Nebraska, ned-8:2005-cr-00179-34739

ORDER REDUCING SENTENCE - USSC Amendment is denied as to defendant Vicente Mendoza. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)

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8:05-cr-00179-LSC-TDT Doc # 119 Filed: 02/08/16 Page 1 of 2 - Page ID # 339 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.) Vicente Mendoza)) Case No: 8:05CR179) USM No: 20042-047 Date of Original Judgment: 05/03/2006) Date of Previous Amended Judgment: 05/04/2006) 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: ✔ DENIED. u GRANTED and the defendant's previously imposed sentence of imprisonment (as reflected in u the last judgment issued) of months is reduced to. (Complete Parts I and II of Page 2 when motion is granted) Except as otherwise provided, all provisions of the judgment dated 05/04/2006 shall remain in effect. IT IS SO ORDERED. Order Date: 02/08/2016 Judge's signature Effective Date: Laurie Smith Camp, Chief U.S. District Judge (if different from order date) Printed name and title 8:05-cr-00179-LSC-TDT Doc # 119 Filed: 02/08/16 Page 2 of 2 - Page ID # 340 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) Vicente Mendoza DEFENDANT: CASE NUMBER: 8:05CR179 DISTRICT: District of Nebraska I. COURT DETERMINATION OF GUIDELINE RANGE (Prior to Any Departures) Previous Total Offense Level: Amended Total Offense Level: Criminal History Category: Criminal History Category: Previous Guideline Range: to months Amended Guideline Range: to 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 It's ordered that because the Defendant was sentenced to the statutory mandatory minimum sentence and therefore not eligible for a sentence reduction pursuant to Amendment 782, the Defendant's pro se Motion to Reduce Sentence - USSC Amendment (Filing No. 113) is denied; and the Federal Public Defender's Motion to Withdraw (Filing No. 118) is granted.