Free Order Reducing Sentence re Crack Cocaine Offense - 18:3582 - District Court of Connecticut - Connecticut

Case 3:01-cr-00179-SRU

Document 237

Filed 03/03/2008

Page 1 of 1

OAO 247 (02/08) Order Regarding Motion for Sentence Reduction

UNITED STATES DISTRICT COURT
for the __________ District of Connecticut __________ United States of America v.
Gerardo Algarin

Date of Previous Judgment: December 5, 2002
(Use Date of Last Amended Judgment if Applicable)

) ) ) ) ) )

Case No: 3:01cr179 (SRU) USM No: 14317-014

Peter J. Shaffer
Defendant's Attorney

Order Regarding Motion for Sentence Reduction Pursuant to 18 U.S.C. § 3582(c)(2) Upon motion of the defendant the Director of the Bureau of Prisons O the court 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: DENIED. O GRANTED and the defendant's previously imposed sentence of imprisonment (as reflected in the last judgment issued) of 90 months is reduced to time served . I. COURT DETERMINATION OF GUIDELINE RANGE (Prior to Any Departures) Previous Offense Level: 35 Amended Offense Level: Criminal History Category: VI Criminal History Category: Previous Guideline Range: 292 to 365 months Amended Guideline Range: 34 VI 262

to 327

months

II. SENTENCE RELATIVE TO AMENDED GUIDELINE RANGE The reduced sentence is within the amended guideline range. O 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 judgment dated 12/5/2002 IT IS SO ORDERED. Order Date: March 3, 2008

shall remain in effect.

/s/ Stefan R. Underhill
Judge's signature

Effective Date: March 13, 2008
(if different from order date)

Stefan R. Underhill, United States District Judge
Printed name and title