USA v. Murry

District of Nebraska, ned-8:2004-cr-00397-32700

ORDER REGARDING MOTION FOR SENTENCE REDUCTION PURSUANT TO 18:3582(c)(2) - motions of the defendant are granted and the stipulation of the parties is approved and adopted and the defendant's previously imposed sentence of imprisonment (as reflect ed in the last judgment issued) of 95 months is reduced to 88 months. Except as provided above, all provisions of the judgment dated June 13, 2005 shall remain in effect as to Nathaniel D. Murry (1). Ordered by Senior Judge Lyle E. Strom. (4 Certified copies to USM; copy mailed to pro se party)

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8:04-cr-00397-LES-TDT Doc # 60 Filed: 07/07/08 Page 1 of 2 - Page ID # 169 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA UNITED STATES OF AMERICA,)) Plaintiff,) 8:04CR397) v.)) NATHANIEL MURRY,) ORDER) Defendant.) ______________________________) This matter is before the Court on defendant's motions for sentence reduction (Filing Nos. 54 and 58), and the stipulation of the parties (Filing No. 59). 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 31 to 29. The government and defense agree that the new sentence should be eighty-eight (88) months imprisonment, based on the prior computation of specific offense characteristics, adjustments, and any departures. Accordingly, IT IS ORDERED that said motions are granted and the stipulation of the parties is approved and adopted; the sentence of the defendant is reduced to a term of eighty-eight (88) months. He shall receive credit for all time served. The 8:04-cr-00397-LES-TDT Doc # 60 Filed: 07/07/08 Page 2 of 2 - Page ID # 170 conditions of supervised release entered in the original judgment and committal order remain in full force and effect. DATED this 7th day of July, 2008. BY THE COURT: /s/ Lyle E. Strom ______________________________ LYLE E. STROM, Senior Judge United States District Court