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United States v. Levering

United States District Court, D. Nebraska

July 19, 2016

UNITED STATES OF AMERICA Plaintiff
v.
MERWYN L. LEVERING Defendant USM No. 19557-047

          Date of Original Judgment: 10/24/2006

          KELLY M. STEENBOCK Defendant’s Attorney

          AMENDED JUDGMENT IN A CRIMINAL CASE

          Laurie Smith Camp Chief United States District Judge.

         Reason for Amendment: Johnson v. United States, 135 S.Ct. 2551, 2557 (2015).

         THE DEFENDANT was found guilty on counts I & II of the Superseding Indictment after a plea of not guilty on August 13, 2004.

         ACCORDINGLY, the court has adjudicated that the defendant is guilty of the following offenses:

Title, Section & Nature of Offense

Date Offense Concluded

Count Numbers

18:922(g) and 924(c) - UNLAWFUL TRANSPORT OF FIREARMS, ETC.

February 19, 2004

1s

18:922(j) - RECEIVE STOLEN FIREARMS

February 19, 2004

2s

         The defendant is sentenced as provided in pages 2 through 6 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984.

         Counts I & II of the Indictment are dismissed on the motion of the United States as to this defendant only.

         IT IS ORDERED that the defendant shall notify the United States Attorney for this district within 30 days of any change of name, residence, or mailing address until all fines, restitution, costs and special assessments imposed by this judgment are fully paid. If ordered to pay restitution, the defendant shall notify the court and United States attorney of any material change in the defendant’s economic circumstances.

         Date of Imposition of Sentence July 18, 2016

         IMPRISONMENT

         The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of two hundred forty (240) months on count I and one hundred twenty (120) months on count II, the terms shall run concurrent.

         The Court makes the following recommendations to the Bureau of Prisons:

1. That the defendant be given assistance in obtaining his GED.
2. That the defendant be given appropriate vocational training.
3. Defendant shall be given credit for time served.

         The defendant is remanded to the custody of the United States Marshal.

         NOTE: The following certificate must also be completed if the defendant has not signed the Acknowledgment of Receipt, above.

         SUPERVISED RELEASE

         Upon release from imprisonment, the defendant shall be on supervised release for a term of five (5) years on count I and ...


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