USA v. Spellman
Criminal

District of Nebraska, ned-8:2005-cr-00357-35827

ORDER as to Kevin J. Spellman (1). The government's motion for reduction of sentence {{43}} is granted. The defendant is committed to the custody of the Bureau of Prisons for a term of 48 months. The defendant is to be given credit for time prev iously served under the previous Judgment and Committal Order dated April 5, 2006, which was signed and filed on April 5, 2006 (Filing No. 39). All other terms and conditions of the Judgment and Committal Order dated April 5, 2006, remain in full force and effect. That the transcript of the Rule 35 hearing of December 4, 2006, be sealed, as to defendant Kevin J. Spellman. Ordered by Judge Lyle E. Strom. 4 certified copies USM

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8:05-cr-00357-LES-TDT Doc # 52 Filed: 12/04/06 Page 1 of 3 - Page ID # 132 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA UNITED STATES OF AMERICA,)) Plaintiff,) 8:05CR357) v.)) KEVIN J. SPELLMAN,) ORDER) Defendant.)) On December 4, 2006, the defendant appeared through counsel on a motion for reduction of sentence (Filing No. 43) filed by the plaintiff pursuant to Rule 35 of the Federal Rules of Criminal Procedure. After considering the comments of the parties and after evaluating the assistance provided by the defendant, the Court finds that the government's motion for reduction of sentence should be granted. Accordingly, IT IS ORDERED: 1) The government's motion for reduction of sentence is granted. 2) Defendant be committed to the custody of the Bureau of Prisons for a term of forty-eight (48) months. Defendant is to be given credit for time previously served under the previous Judgment and Committal Order dated April 5, 2006, which was signed and filed on April 5, 2006 (Filing No. 39). 3) All other terms and conditions of the Judgment and Committal Order dated April 5, 2006, remain in full force and effect. 8:05-cr-00357-LES-TDT Doc # 52 Filed: 12/04/06 Page 2 of 3 - Page ID # 133 4) That the transcript of the Rule 35 hearing of December 4, 2006, be sealed. DATED this 4th day of December, 2006. BY THE COURT: /s/ Lyle E. Strom LYLE E. STROM, Senior Judge United States District Court -2- 8:05-cr-00357-LES-TDT Doc # 52 Filed: 12/04/06 Page 3 of 3 - Page ID # 134 ACKNOWLEDGMENT OF RECEIPT I hereby acknowledge receipt of a copy of this judgment this _______ day of __________, 200__. Signature of Defendant RETURN It is hereby acknowledged that the defendant was delivered on the ______ day of ___________, 200__ 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 __________________, 200___. UNITED STATES WARDEN By: -3-