8:04-cr-00471-RGK-DLP Doc # 97 Filed: 07/06/15 Page 1 of 2 - Page ID # 313 AO 247 (Rev. 11/11) Order Regarding Motion for Sentence Reduction Pursuant to 18 U.S.C. Â§ 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 Rivera)) Case No: 8:04CR471) USM No: 19823-047 Date of Original Judgment: 07/14/2006) Date of Previous Amended Judgment:) John C. Vanderslice (Use Date of Last Amended Judgment if Any) Defendant's Attorney ORDER REGARDING MOTION FOR SENTENCE REDUCTION PURSUANT TO 18 U.S.C. Â§ 3582(c)(2) Upon motion of â u the defendant u the Director of the Bureau of Prisons u the court under 18 U.S.C. Â§ 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. Â§ 994(u), and having considered such motion, and taking into account the policy statement set forth at USSG Â§1B1.10 and the sentencing factors set forth in 18 U.S.C. Â§ 3553(a), to the extent that they are applicable, IT IS ORDERED that the motion is: u DENIED. u â GRANTED and the defendant's previously imposed sentence of imprisonment (as reflected in the last judgment issued) of 188 months is reduced to 151 months. (Complete Parts I and II of Page 2 when motion is granted) The defendant shall not be released any earlier than November 1, 2015. Except as otherwise provided, all provisions of the judgment dated 07/14/2006 shall remain in effect. IT IS SO ORDERED. Order Date: 07/06/2015 s/ Richard G. Kopf Judge's signature Effective Date: 11/01/2015 Richard G. Kopf, Senior United States District Judge (if different from order date) Printed name and title 8:04-cr-00471-RGK-DLP Doc # 97 Filed: 07/06/15 Page 2 of 2 - Page ID # 314 AO 247 (Rev. 11/11) Order Regarding Motion for Sentence Reduction Pursuant to 18 U.S.C. Â§ 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 Rivera DEFENDANT: CASE NUMBER: 8:04CR471 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: II Criminal History Category: II Previous Guideline Range: 188 to 235 months Amended Guideline Range: 151 to 188 months II. SENTENCE RELATIVE TO THE AMENDED GUIDELINE RANGE â 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 Filing nos. 95 and 96 are granted as provided herein.