USA v. Oliver

District of Nebraska, ned-8:2005-cr-00293-35419

ORDER REGARDING MOTION FOR SENTENCE REDUCTION PURSUANT TO 18:3582(c)(2) - granting {{37}} motion to reduce sentence pursuant to crack cocaine Amendment 706. The previously imposed sentence of imprisonment of 70 months is reduced to 57 months; Except a s provided above, all provisions of the judgment dated 11/16/2005 shall remain in effect. Effective date: 4/4/2008 as to Frank A. Oliver (1). Ordered by Judge Laurie Smith Camp. (4 Certified copies to USM)(MKR) Modified on 3/24/2008 to add sentence text

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8:05-cr-00293-LSC-TDT Doc # 41 Filed: 03/21/08 Page 1 of 1 - Page ID # 136 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,) 8:05CR293 Plaintiff,)) v.) USM No: 20349-047) FRANK A. OLIVER) MICHAEL J. HANSEN Defendant.) Defendant's Attorney Date of previous judgment: 11/16/2005) Order Regarding Motion for Sentence Reduction Pursuant to 18 U.S.C. § 3582(c)(2) Upon motion 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 motion, IT IS ORDERED that the motion is GRANTED and the defendant's previously imposed sentence of imprisonment (as reflected in the last judgment issued) of 70 months is reduced to 57 months. I. COURT DETERMINATION OF GUIDELINE RANGE (Prior to Any Departures) Previous Offense Level: 23 Amended Offense Level: 21 Criminal History Category: IV Criminal History Category: IV Previous Guideline Range: 70 to 87 months Amended Guideline Range: 57 to 71 months II. SENTENCE RELATIVE TO AMENDED GUIDELINE RANGE  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 November 16, 2005 shall remain in effect. IT IS SO ORDERED. Dated this 21st day of March, 2008 Effective Date: Friday, April 4, 2008 s/ Laurie Smith Camp United States District Judge