UNITED STATES DISTRICT COURT

______________________ DISTRICT OF TEXAS

_____________________ DIVISION

UNITED STATES OF AMERICA	                 §
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						     §   		Cause No. __________________
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UNOPPOSED MOTION TO RESENTENCE

TO THE HONORABLE ___________________,  UNITED STATES DISTRICT JUDGE FOR THE ____________ DISTRICT OF TEXAS:

	 Defendant, ___________, by his attorney, __________________, respectfully moves this Honorable Court for resentencing based on the inequitable disparity between the sentences received by ____________ and his co-defendant, _____________.  Counsel for the Government, ____________, has indicated that she agrees that the requested reduction in _______________ sentence is necessary to insure equitable sentencing in this case.  In support of his motion, ________________ respectfully shows the Court the following:
Procedural History
I
	_____________ entered a plea of guilty to the charge of conspiracy to transport aliens for profit, and to three counts of alien transport, on (date).  According to the Probation Officer’s recitation of the offense conduct, _______________ was riding as a passenger in a vehicle driven by _______________  when the vehicle was stopped by a (law enforcement official, specifically ___________________).   After the officer  received consent to search the vehicle, three illegal aliens were found concealed in the trunk. ___________ and ______________  were both charged with conspiracy to transport aliens for profit and with three substantive counts of alien transport.  According to the case agent, ____________ and ______________ were equally culpable for their participation in the offense.  (See PSR, at 4–5.)  
	On _______________, ___________ appeared before this Honorable Court for his sentencing hearing. _____________, with a Level II criminal history category, was subject to a guideline sentencing range of 30 to 37 months.  He was sentenced to 30 months’ imprisonment on each count to run concurrent. ________________ also pleaded guilty to the conspiracy to transport illegal aliens charge.  His case was reassigned to the ________________ for sentencing. ______________, with a higher criminal history Level III, was sentenced to 24 months in prison. 
II
	The goal of the Sentencing Guidelines is, of course, to reduce unjustified disparities and so reach toward the evenhandedness and neutrality that are the distinguishing marks of any principled system of justice.  See Koon v. United States, 518 U.S. 81, 113 (1996). _________ and _____________ were equally culpable in the instant offense, see PSR at 5, and yet ___________, at a higher criminal history category, received a significantly lower sentence than __________. _____________  asks this Honorable Court to use its discretion and authority to reduce, by way of a two-level downward departure based on sentencing disparity, his sentence to 24 months’ imprisonment.  The Government is not opposed to _____________  request for sentence reduction, and agrees that such a reduction is necessary to insure equitable and uniform sentencing in this case.
	PRAYER
	For the reasons stated, Defendant respectfully prays this Honorable Court to resentence him to 24 months’ imprisonment on each of the four counts to be run concurrent.

							Respectfully submitted.

							_______________________________
							 Attorney for Defendant

CERTIFICATE OF SERVICE
         On ___________________________, I caused to be served a copy of this Motion on _____________ (Attn: Assistant United States Attorney ____________), United States Attorney for the ____________ District of Texas, by mailing it to him at __________________________.
	
							____________________________________
							
							Attorney for Defendant

UNITED STATES DISTRICT COURT

________________  DISTRICT OF TEXAS

__________________  DIVISION

UNITED STATES OF AMERICA	                 §
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						     §   		Cause No. _________________
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ORDER

	On this date, came on to be heard Defendant's Unopposed Motion for Resentencing, and the Court having considered same, is of the opinion that Defendant's motion should be granted.
	IT IS THEREFORE ORDERED that Defendant's motion is GRANTED and the Court's original sentence of imprisonment as pronounced on ____________________, and entered on _______________________________, is vacated.
	IT IS FURTHER ORDERED that Defendant is granted a two-level downward departure based on the disparity between the sentences received by the Defendant and the co-defendant, ________________.  In accordance, Defendant, ____________________, is sentenced to the custody of the Bureau of Prisons for a term of imprisonment of 24 months on each of the four counts to run concurrent.  All other provisions of the sentence pronounced by this Court on _____________________, and entered on _______________ remain in effect.
	SO ORDERED this the                       day of ____________________, 20____.

						
						United States District Judge