Court filing
Stipulation and Order Re: Sentence Reduction — United States v. Aaron Ashcraft (E.D. Cal.)
Filed January 10, 2024 in U.S. v. Ashcraft; one of 15 filings from this case.
Record facts
| Court | U.S. District Court, Eastern District of California |
|---|---|
| Filed | 2024-01-10 |
U.S. District Court, Eastern District of California · No. 2:22-cr-00087-KJM · Doc. 40 · 2024-01-10 · Docket on CourtListener
Full text
Stipulation and Order Re: Sentence Reduction
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HEATHER E. WILLIAMS, Bar #122664
Federal Defender
DAVID M. PORTER, Bar #127024
Assistant Federal Defender
Counsel Designated for Service
801 I Street, 3rd Floor
Sacramento, California 95814
Telephone: (916) 498-5700
Attorneys for Defendant
AARON ASHCRAFT
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA,
Plaintiff,
v.
AARON ASHCRAFT,
Defendant.
No. Cr. S 22-87 KJM
STIPULATED MOTION AND ORDER TO
REDUCE SENTENCE PURSUANT TO 18
U.S.C. § 3582(c)(2)
RETROACTIVE CRIMINAL HISTORY
REDUCTION CASE
Judge: The Honorable KIMBERLY J. MUELLER
Defendant, AARON ASHCRAFT, by and through his attorney, Assistant Federal
Defender David M. Porter, and plaintiff, UNITED STATES OF AMERICA, by and through its
counsel, Assistant U.S. Attorney Shelley D. Weger, hereby stipulate as follows:
1.
Pursuant to 18 U.S.C. § 3582(c)(2), this Court may reduce the term of
imprisonment in the case of a defendant who has been sentenced to a term of imprisonment
based on a sentencing range that has subsequently been lowered by the Sentencing Commission
pursuant to 28 U.S.C. § 994(o), after taking into account the policy statements set forth in USSG
§ 1B1.10 and the sentencing factors set forth in 18 U.S.C. § 3553(a), to the extent they are
applicable;
2.
The United States Sentencing Commission recently amended the Sentencing
Guidelines to include what now appears in USSG § 4C1.1 (“zero-point provision”). See
Amendment 821, Part B, Subpart 1. The zero-point provision provides a 2-offense-level
Case 2:22-cr-00087-KJM Document 40 Filed 01/10/24 Page 1 of 3
Stipulation and Order Re: Sentence Reduction
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reduction for certain offenders who present zero criminal history points and satisfy the criteria
listed in USSG § 4C1.1(a). The United States Sentencing Commission made the zero-point
provision retroactive beginning February 1, 2024. See USSG § 1B1.10(e)(2) (Nov. 1, 2023); 88
Fed. Reg. 60534;
3.
On December 13, 2022, this Court sentenced Mr. Ashcraft to a term of 41 months
as to each of Counts 1 and 4, to be served concurrently, for a total term of 41 months
imprisonment;
4.
Mr. Ashcraft’s total offense level was 22, his criminal history category was I, and
the resulting guideline range was 41 to 51 months;
5.
The sentencing range applicable to Mr. Ashcraft was subsequently lowered by the
zero-point provision;
6.
Mr. Ashcraft is eligible for a reduction in sentence, which reduces his total
offense level by 2 from 22 to 20, and his amended advisory guideline range is reduced to 33 to
41 months;
7.
Accordingly, the parties request the Court enter the order lodged herewith
reducing Mr. Ashcraft’s term of imprisonment to 33 months as to each of Counts 1 and 4, to be
served concurrently, for a total term of 33 months imprisonment, effective February 1, 2024.
Respectfully submitted,
Dated: January 3, 2024
Dated: January 3, 2024
PHILLIP A. TALBERT
HEATHER E. WILLIAMS
United States Attorney
Federal Defender
/s/ Shelley D. Weger
/s/ David M. Porter
SHELLEY D. WEGER
DAVID M. PORTER
Assistant U.S. Attorney
Assistant Federal Defender
Attorney for Plaintiff
Attorneys for Defendant
UNITED STATES OF AMERICA
AARON ASHCRAFT
Case 2:22-cr-00087-KJM Document 40 Filed 01/10/24 Page 2 of 3
Stipulation and Order Re: Sentence Reduction
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ORDER
This matter came before the Court on the stipulated motion of the parties for reduction of
sentence pursuant to 18 U.S.C. § 3582(c)(2).
The parties agree, and the Court finds, that Mr. Ashcraft is entitled to the benefit of
Amendment 821, Part B, Subpart 1, the new zero-point provision, which reduces the total
offense level from 22 to 20, resulting in an amended guideline range of 33 to 41 months.
IT IS HEREBY ORDERED that the term of imprisonment imposed in December 2022 is
reduced to a term of 33 months as to each of Counts 1 and 4, to be served concurrently, for a
total term of 33 months imprisonment, effective February 1, 2024.
IT IS FURTHER ORDERED that all the terms and provisions of the original judgment
remain in effect. The clerk shall forthwith prepare an amended judgment reflecting the above
reduction in sentence, and shall serve certified copies of the amended judgment on the United
States Bureau of Prisons and the United States Probation Office.
Unless otherwise ordered, Mr. Ashcraft shall report to the United States Probation Office
within seventy-two hours after his release.
Dated: January 10, 2024.
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