USA v. Russell
Criminal

District of Nebraska, ned-8:2004-cr-00275-32169

ORDER REGARDING MOTION FOR SENTENCE REDUCTION PURSUANT TO 18:3582(c)(2) - motion {{56}} and stipulation {{61}} of the defendant is granted and the defendant's previously imposed sentence of imprisonment (as reflected in the last judgment issued) of 60 months is reduced to 48 months. Except as provided above, all provisions of the amended judgment dated 04/14/05 shall remain in effect. Effective date: 3/31/08 as to defendant Timothy Russell (1). Ordered by Judge Laurie Smith Camp. (4 Certified copies to USM)(JAE,)

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8:04-cr-00275-LSC-TDT Doc # 62 Filed: 03/18/08 Page 1 of 1 - Page ID # 208 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,) 8:04CR275 Plaintiff,)) v.) USM No: 19657-047) TIMOTHY RUSSELL) JOHN C. VANDERSLICE Defendant.) Defendant's Attorney Date of previous amended judgment: 4/14/2005) 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 60 months is reduced to 48 months. I. COURT DETERMINATION OF GUIDELINE RANGE (Prior to Any Departures) Previous Offense Level: 31 Amended Offense Level: 29 Criminal History Category: II Criminal History Category: II Previous Guideline Range: 120 to 121 months Amended Guideline Range: 97 to 121 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 amended judgment dated April 14, 2005 shall remain in effect. IT IS SO ORDERED. Dated this 18th day of March, 2008 Effective Date: Monday, March 31, 2008 s/ Laurie Smith Camp United States District Judge