United States v. Hughes

Case 2:06-cr-00081 Document 37 Filed 07/28/08 Page 1 of 2 PageID #: 110 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINI...

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Case 2:06-cr-00081 Document 37 Filed 07/28/08 Page 1 of 2 PageID #: 110

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION

UNITED STATES OF AMERICA, Plaintiff, v.

CRIMINAL ACTION NO. 2:06-cr-81

DANIEL HUGHES, Defendant.

MEMORANDUM OPINION AND JUDGMENT ORDER Pending before the Court is a motion, brought pursuant to 18 U.S.C. § 3582(c)(2), to reduce Defendant’s sentence based on a subsequent reduction in the applicable sentencing guideline. On November 1, 2007, the United States Sentencing Guidelines were amended to reduce by two levels the guidelines in Section 2D1.1 for cocaine base (also known as crack). Subsequently, the Sentencing Commission amended Section 1B1.10 to make the crack amendment retroactive, effective March 3, 2008. Pursuant to a Standing Order entered on February 6, 2008, this case was designated for Expedited consideration. The Court has received and considered the original Presentence Investigation Report (PSI), original Judgment and Commitment Order and Statement of Reasons, plea agreement, and addendum to the PSI from the Probation Office, and received any materials submitted by the parties on this issue. The Court has also considered the applicable factors under 18 U.S.C. § 3553(a), consistent with § 3582(c)(2), and public safety. The United States does not object to the reduction. The defendant’s original offense conduct resulted in a total offense level of 21, and a criminal history category of V. His original guideline range was 70 to 87 months, and the defendant

Case 2:06-cr-00081 Document 37 Filed 07/28/08 Page 2 of 2 PageID #: 111

was sentenced to a term of imprisonment of 70 months. The United States has indicated that it does not object to a two-level reduction in the defendant’s sentence. Based on the foregoing considerations, the Motion is GRANTED. The Court ORDERS that Defendant’s base offense level be reduced by two levels, resulting in a new total offense level of 19, and a guideline range of 57 to 71 months. It is further ORDERED that Defendant’s previous sentence be reduced to a period of 57 months, with credit for time served to date. This Order is subject to the prohibition contained within U.S.S.G. §1B1.10(b)(2)( C). The Court DIRECTS the Clerk to send a copy of this Order to the defendant and counsel, the United States Attorney, the United States Probation Office, the Federal Bureau of Prisons and the United States Marshals.

ENTER:

July 28, 2008