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STEVEN G. KALAR

Federal Public Defender

SHILPI AGARWAL

Assistant Federal Public Defender

450 Golden Gate Avenue, 19th Floor

San Francisco, CA 94102

Telephone: 415.436.7700

Facsimile: 415.436.7706

Email: Shilpi_Agarwal@fd.org

Counsel for Defendant Tomas Castaneda

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

UNITED STATES OF AMERICA

Plaintiff,

 v. 

TOMAS CASTANEDA,

Defendant.

No. CR 09-0079 MHP

STIPULATION AND [PROPOSED] 

ORDER REGARDING SENTENCE 

REDUCTION UNDER U.S.S.G. § 1B1.1(b) 

AND AMENDMENT 782

IT IS HEREBY STIPULATED AND AGREED, by and between the parties acting 

through their respective counsel, that:

1. Defendant is making an unopposed motion for modification of his sentence pursuant to 

18 U.S.C. § 3582(c)(2).

2. Defendant’s original guideline calculation was as follows:

Total Offense Level: 31

Criminal History Category: I

Guideline Range: 108 to 135 months

Mandatory Minimum: 120 months

3582 STIP, CR 09-0079

DEF. CASTANEDA 1

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3. Defendant was sentenced to 92 months imprisonment on August 2, 2010.

4. According to the Bureau of Prisons, Defendant’s current projected release date is January 

24, 2016.

5. Effective November 1, 2014, this Court may order a modification in defendant's sentence 

pursuant to 18 U.S.C. § 3582(c), USSG § 1B1.10(b)(1), and Amendment 782, to the 

United States Sentencing Guidelines Manual. 

6. Defendant’s revised guideline calculation is as follows:

Total Offense Level: 29

Criminal History Category: I

Guideline Range: 87 to 108 months

Mandatory Minimum: 120 months

7. The parties have no reason to dispute the Sentence Reduction Investigation Report

submitted to the Court by the Probation Office.

8. Based upon the foregoing, the parties hereby stipulate that the Court may enter an order 

reducing Defendant’s term of custody to “87 months, but not less than the time of 

imprisonment that the Defendant has served as of November 1, 2015.” 

9. The parties further stipulate that the Court may include in its amended judgment a 

recommendation to the Bureau of Prisons that the Defendant be transferred to a halfway 

house at the appropriate time before his release on November 1, 2015. 

10. The parties further stipulate that all other aspects of the original judgment order including 

the length of term of supervised release, all conditions of supervision, fines, restitution, 

and special assessment remain as previously imposed.

11. The parties further stipulate that the Court’s Order will take effect on November 1, 2015.

12. Defendant stipulates that he waives and does not request a hearing pursuant to Fed. R. 

Crim. P. 43, 18 U.S.C. § 3582(c)(2), and United States v. Booker, 543 U.S. 220 (2005).

13. Defendant waives his right to appeal the district court’s sentence.

3582 STIP, CR 09-0079

DEF. CASTANEDA 2

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14. Accordingly, the parties agree that an amended judgment in accordance with this 

stipulation may be entered by the Court in pursuant to 18 U.S.C. § 3582(c) and USSG § 

1B1.10(b)(1), Amendment 782 of the Sentencing Guidelines Manual. A Sentencing 

Reduction Investigation Report and a proposed amended judgment will be submitted to 

the Court. 

IT IS SO STIPULATED.

February 23, 2015 /s/

_________________ ___________________________

DATED MELINDA L. HAAG

United States Attorney

J. DOUGLAS WILSON

Assistant United States Attorney

February 23, 2015 /s/

_________________ ____________________________

DATED STEVEN G. KALAR

Federal Public Defender

SHILPI AGARWAL

Assistant Federal Public Defender

[PROPOSED] ORDER

 

IT IS SO ORDERED.

DATED United States District Judge

3582 STIP, CR 09-0079

DEF. CASTANEDA 3

2/23/15

U

NITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

IT IS SO ORDERED

Judge Edward M. Chen

Case 3:09-cr-00079-MHP Document 46 Filed 02/23/15 Page 3 of 3