United States District Court, D. Nebraska
March 4, 2014
UNITED STATES OF AMERICA, Plaintiff,
ROMMEL SMITH, Defendant.
LYLE E. STROM, Senior District Judge.
This matter is before the Court on defendant's motion for sentence reduction pursuant to 18 U.S.C. § 3582(c)(2) and subsection 1B1.1 of the United States Sentencing Guidelines (Filing No. 163), which provide that § 3582(c)(2) permits the Court to further reduce defendant's sentence where "a defendant has been sentenced to a term of imprisonment based on a sentence range that has been subsequently lowered by the Sentencing Commission, 28 U.S.C. § 994(O).
The government has responded to defendant's motion (Filing No. 169). The defendant's court-appointed counsel has also filed a memorandum regarding defendant's motion for sentence reduction (Filing No. 168).
The Court has reviewed the history of this case and the briefs of the parties and finds that defendant's guideline range based on the offense level of 34 and a criminal history category of II is 168 to 210 months. Considering the factors set forth in 18 U.S.C. § 3553(a) and the history of defendant, The Court finds a sentence of 168 months is appropriate. A separate order will be entered in accordance with this memorandum opinion.