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. § 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. § 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 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. § 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 ✔ 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.