Free Document re Reduction of Sentence re: Crack Cocaine Offense 18:3582 - District Court of Connecticut - Connecticut

Case 3:00-cr-00077-JCH

Document 109

Filed 04/17/2008

Page 1 of 2

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT UNITED STATES OF AMERICA v. LAWRENCE VALEZ : : : : : Case No. 3:00CR00077(JCH)

April 17, 2008

MOTION TO AMEND JUDGMENT The defendant, Lawrence Valez, hereby requests that the Court enter an amended judgment in his case, pursuant to 18 U.S.C. § 3582(c)(2), reducing his sentence of incarceration from 121 months to 120 months. The United States Probation Office has filed an addendum to the Pre-Sentence Report indicating that Mr. Valez is entitled to a reduction in his sentence under the amendments to the Sentencing Guidelines applicable to crack cocaine offenses. Mr. Valez was sentenced at an adjusted offense level of 31; under the amended Guidelines, his new offense level would be 29. At Criminal History Category II, the amended Guidelines range would be 97 to 121 months. However, a statutory mandatory minimum term of 120 months applies in this case. Accordingly, the Court may reduce Mr. Valez's sentence only to 120 months. The Government has filed a memorandum with the Court, agreeing that Mr. Valez is entitled to a reduction in his sentence to 120 months. No information has been brought to the attention of undersigned counsel, and nothing appears in the documents filed with the Court, which would suggest that the Court should not reduce Mr. Valez's sentence. Accordingly, in light of the recent amendments to the crack cocaine guidelines, and in reliance on the addendum dated March 24, 2008, to the Pre-Sentence Report in this case, the defendant respectfully requests that the Court enter an order reducing his sentence of incarceration from 121 months to 120 months.

Case 3:00-cr-00077-JCH

Document 109

Filed 04/17/2008

Page 2 of 2

Respectfully submitted, The Defendant, Lawrence Valez Thomas G. Dennis Federal Defender

Dated: April 17, 2008

__________/s/______________________ Sarah A. L. Merriam Assistant Federal Defender 265 Church Street, Suite 702 New Haven, CT 06510 Bar No. ct25379 Phone: 203-498-4200 Fax: 203-498-4207 Email: [email protected]

CERTIFICATE OF SERVICE I HEREBY CERTIFY that on April 17, 2008, a copy of the foregoing motion was filed electronically and served by mail on anyone unable to accept electronic filing. Notice of this filing will be sent to all parties by operation of the Court's electronic filing system or by mail to anyone unable to accept electronic filing as indicated on the Notice of Electronic Filing. Parties may access this filing through the Court's CM/ECF System. /s/ Sarah A. L. Merriam