USA v. Addison et al

AO 247 (Rev. 03/19) Order Regarding Motion for Sentence Reduction Pursuant to 18 U.S.C. § 3582(c)(2) Page 1 of 2 (Page 2 Not for Public Disclosure)
UNITED STATES DISTRICT COURT
for the
Western District of North Carolina
United States of America
)
)
)
)
)
)
v.
Kenneth Marquise Ruff
Case No: 0419 3:17CR00134-067
USM No: 33571-058
Date of Original Judgment: 02/12/2019
Date of Amended Judgment: Pro Se
(Use Date of Last Amended Judgment if Any) 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 ☐ 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, and taking into account the policy statement set forth at USSG §1B1.10
and the sentencing factors set forth in 18 U.S.C. § 3553(a), to the extent that they are applicable,
IT IS ORDERED that the motion is:
☒ DENIED. ☐ GRANTED and the defendant’s previously imposed sentence of imprisonment
(as reflected in the last judgment issued) of months is reduced to .
(See Page 2 for additional parts. Complete Parts I and II of Page 2 when motion is granted)
Except as otherwise provided, all provisions of the judgment dated ,
shall remain in effect.
IT IS SO ORDERED.
Effective Date:
(if different from order date)
Signed: January 8, 2024
Case 3:17-cr-00134-FDW-MTO Document 3519 Filed 01/09/24 Page 1 of 2

AO 247 (Rev. 03/19) Order Regarding Motion for Sentence Reduction Pursuant to 18 U.S.C. § 3582(c)(2) Page 2 of 2 (Page 2 Not for Public Disclosure)
This page contains information that should not be filed in court unless under seal.
(Not for Public Disclosure)
Kenneth Marquise Ruff	DEFENDANT:
CASE NUMBER: 0419 3:17CR00134
DISTRICT: Western District of North Carolina
I. COURT DETERMINATION OF GUIDELINE RANGE (Prior to Any Departures)
Previous Total Offense Level: Amended Total Offense Level:
Criminal History Category: Criminal History Category:
Previous Guideline Range: to months Amended Guideline Range: to months
II. SENTENCE RELATIVE TO THE AMENDED GUIDELINE RANGE
☐ The reduced sentence is within the amended guideline range.
☐ 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 substantial assistance departure or Rule 35 reduction, and the reduced sentence
is comparably less than the amended guideline range.
☐ The reduced sentence is above the amended guideline range.
III. FACTORS CONSIDERED UNDER USSG § 1B1.10 AND 18 U.S.C. § 3553(a) (See Chavez-Meza v. United
States, 138 S.Ct. 1959 (2018))
Pursuant to USSG 1B1.1, comment. (n.8), only a term of imprisonment imposed as part of the original sentence is authorized to
be reduced under this section. This section does not authorize a reduction in the term of imprisonment imposed upon
revocation of supervised release. The defendant is serving a term of imprisonment for a supervised release violation which was
imposed on March 29, 2023; therefore, this defendant is ineligible for a reduction.
Case 3:17-cr-00134-FDW-MTO Document 3519 Filed 01/09/24 Page 2 of 2