USA v. Smith
Criminal

District of Nebraska, ned-8:2004-cr-00190-31472

ORDER that the voluntary withdrawal of notice of appeal is granted; defendant's notice of appeal is deemed withdrawn. The stipulation of the parties is approved and adopted; the sentence of the defendant is reduced to 194 months as to Rommel Smi th (1). The conditions of supervised release entered in the original judgment and committal order dated April 18, 2005, {{85}} remain in full force and effect. Ordered by Senior Judge Lyle E. Strom. (Certified copy to USM; copy mailed to pro se party)

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8:04-cr-00190-RFR-MDN Doc # 161 Filed: 06/30/10 Page 1 of 3 - Page ID # 1909 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA UNITED STATES OF AMERICA,)) Plaintiff,) 8:04CR190) v.)) ROMMEL SMITH,) ORDER) Defendant.) ______________________________) This matter is before the Court on the stipulation of the parties (Filing No. 157), and the voluntary withdrawal of notice of appeal (Filing No. 160). Pursuant to the retroactive amendment to the cocaine base guidelines, the defendant's final offense level is reduced from 40 to 38. His criminal history category remains at II. The government and defense agree that his sentence should be reduced to one hundred ninety-four (194) months imprisonment, considering the prior computation of specific offense characteristics, adjustments, and departures. Accordingly, IT IS ORDERED: 1) The voluntary withdrawal of notice of appeal is granted; defendant's notice of appeal is deemed withdrawn. 2) The stipulation of the parties is approved and adopted; the sentence of the defendant is reduced to one hundred ninety-four (194) months. 8:04-cr-00190-RFR-MDN Doc # 161 Filed: 06/30/10 Page 2 of 3 - Page ID # 1910 3) The conditions of supervised release entered in the original judgment and committal order dated April 18, 2005, (Filing No. 85) remain in full force and effect. DATED this 30th day of June, 2010. BY THE COURT: /s/ Lyle E. Strom ______________________________ LYLE E. STROM, Senior Judge United States District Court 8:04-cr-00190-RFR-MDN Doc # 161 Filed: 06/30/10 Page 3 of 3 - Page ID # 1911 ACKNOWLEDGMENT OF RECEIPT I hereby acknowledge receipt of a copy of this judgment this _______ day of __________, 2010. Signature of Defendant RETURN It is hereby acknowledged that the defendant was delivered on the ______ day of ___________, 2010 to _______________________________________, with a certified copy of this judgment. UNITED STATES WARDEN By: NOTE: The following certificate must also be completed if the defendant has not signed the Acknowledgment of receipt, above. CERTIFICATE It is hereby certified that a copy of this judgment was served upon the defendant this ______ day of __________________, 2010. UNITED STATES WARDEN By: