USA v. Eckles et al

5:05-cr-00009NcwdApr 23, 2012

Full text

O AO 247 (NC/W 11/11) Order Regarding M otion for Sentence Reduction
UNITED STATES DISTRICT COURT
for the
Western District of North Carolina
United States of America )
)
)
)
)
)
v.
SHON TIW ONG VANDERBURG
a/k/a(s): Shon Tigwon Vanderburg & Shon Tygwon
Vanderburg
Case No: 5:05CR9-27
USM No: 19942-058
Date of Original Judgment: February 20, 2007
Date of Last Amended Judgment: N/A Carol Bauer
Defendant’s Attorney
Order Regarding Motion for Sentence Reduction Pursuant to 18 U.S.C. § 3582(c)(2)
Upon motion of ê the defendant í the Director of the Bureau of Prisons í 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:
ê DENIED. í GRANTED and the defendant’s previously imposed sentence of imprisonment (as reflected in
the last judgment issued) of is reduced to
I. COURT DETERMINATION OF GUIDELINE RANGE (Prior to Any Departures)
Original Offense Level: 21 Amended Offense Level: 21
Criminal History Category: IV Criminal History Category: IV
Original Guideline Range:
Cts 1, 18, & 19: 120
months Amended Guideline Range:
Cts. 1, 18, & 19: 120
months
II. SENTENCE RELATIVE TO AMENDED GUIDELINE RANGE
í The reduced sentence is within the amended guideline range.
í The previous term of imprisonment imposed was less than the guideline range applicable to the defendant at the time
of sentencing and the reduced sentence is comparably less than the amended guideline range.
í The reduced sentence is above the amended guideline range.
ê Other (explain): Due to the statutory mandatory minimum sentence required in this case (§ 851 filed), there is no
change in the guideline calculations. The application of Amendment 750 provides no change in the
guideline calculations in this case.
III. ADDITIONAL COMMENTS
Except as provided above, all provisions of the judgment dated February 20, 2007, shall remain in effect.
IT IS SO ORDERED.
Order Date: April 20, 2012
Effective Date:
(if different from order date)
Case 5:05-cr-00009-MEO-DCK Document 1453 Filed 04/23/12 Page 1 of 2
Case 5:05-cr-00009-MEO-DCK Document 1453 Filed 04/23/12 Page 2 of 2

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SAO 247 (NC/W 11/11) Order Regarding Motion for Sentence Reduction

UNITED STATES DISTRICT COURT
for the
Western District of North Carolina

United States of America

Vv.
SHON TIWONG VANDERBURG

a/k/a(s): Shon Tigwon Vanderburg & Shon Tygwon Case No: 5:05CR9-27
Vanderburg USM No: 19942-058
Date of Original Judgment: February 20, 2007

were re wr

Date of Last Amended Judgment: N/A Carol Bauer

Defendant’s Attorney
Order Regarding Motion for Sentence Reduction Pursuant to 18 U.S.C. § 3582(c)(2)

Upon motion of M@ the defendant O 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:
m DENIED. O GRANTED and the defendant’s previously imposed sentence of imprisonment (as reflected in
the last judgment issued) of is reduced to

I. COURT DETERMINATION OF GUIDELINE RANGE (Prior to Any Departures)

Original Offense Level: 21 Amended Offense Level: 21
Criminal History Category: IV Criminal History Category: IV

Cts 1,18, & 19: 120 Cts. 1, 18, & 19: 120
Original Guideline Range: months Amended Guideline Range: months

ll. SENTENCE RELATIVE TO 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 and the reduced sentence is comparably less than the amended guideline range.

© The reduced sentence is above the amended guideline range.

@ Other (explain): Due to the statutory mandatory minimum sentence required in this case (§ 851 filed), there is no
change in the guideline calculations. The application of Amendment 750 provides no change in the
guideline calculations in this case.

Hl. ADDITIONAL COMMENTS

Except as provided above, all provisions of the judgment dated February 20, 2007, shall remain in effect.
IT ISSO ORDERED.

Order Date: April 20, 2012

Effective Date:

(if different from order date) Richard L. Voorhees
United States District Judge

ee 5:05-cr-O0009-MEO-DCK Document 1453 Filed 04/23/12 Page 1of2

INFORMATION
GPO

Case 5:05-cr-O0009-MEO-DCK Document 1453 Filed 04/23/12 Page 2 of 2

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