Stipulation and Order Re: Sentence Reduction — United States v. Aaron Ashcraft (E.D. Cal.)

Summary

A stipulated motion and order to reduce sentence under 18 U.S.C. § 3582(c)(2) in United States of America v. Aaron Ashcraft, No. Cr. S 22-87 KJM, in the U.S. District Court for the Eastern District of California, filed January 10, 2024 as Document 40 in Case 2:22-cr-00087-KJM. The parties state that on December 13, 2022, the court sentenced Ashcraft to 41 months on each of Counts 1 and 4, concurrently, on a guideline range of 41 to 51 months. Under the zero-point provision of Amendment 821, Part B, Subpart 1, the order dated January 10, 2024 reduces the total offense level from 22 to 20, for an amended range of 33 to 41 months. It reduces the term to 33 months on each count, concurrently, effective February 1, 2024, with all other terms of the original judgment in effect.

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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.   
 
 
 
Case 2:22-cr-00087-KJM   Document 40   Filed 01/10/24   Page 3 of 3

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