(ONLY USE IN CASES WHERE THERE IS NO PENDING APPEAL)

MOTION FOR CORRECTION OF SENTENCE,

AND REQUEST FOR A RE-SENTENCING HEARING

The Defendant, < name >, by and through <his\her> undersigned attorney, respectfully requests that this Honorable Court correct <his/her> sentence of imprisonment pursuant to 18 U.S.C. § 3582(c)(2) and U.S.S.G. § 181.10 in light of the retroactive amendment to the sentencing guidelines found at U.S.S.G. § 2Dl.l(c). In support thereof, the following is submitted:

1. That on < date >, < name > was adjudged guilty on count<s> < # > of the indictment herein, charging <manufacturing and possessing with intent to distribute marihuana plants and conspiring to do so> in violation of 21 U.S.C. § 841(a)(1) and (b)(l)(B)(vii) <and § 846>. <He/She> was sentenced to < # > months imprisonment.

2. According to the Presentence Investigation Report (PSI), the < # >-month sentence was based on < # > marihuana plants. Under the former § 2D1.1, one plant was equated to one kilogram of marihuana if the case involved more than fifty marihuana plants. Therefore, the PSI

attributed < # > kilograms of marihuana to < name >. In accordance with § 2Dl.l(c)(< # >), because the offense involved more than < # > kilograms, but fewer than < # > kilograms of marihuana, the base offense level was set at < # >. <It was then adjusted downward by three levels to level # due to Mr. 's acceptance of responsibility>. His criminal history category was < # >, making the applicable guideline range < # > to < # > months.

3. That effective November 1, 1995, Amendment 516 to the United States Sentencing Guidelines has changed the marihuana plant to weight ratio set forth in § 2Dl.l(c). The amendment now reads that "in the case of an offense involving marihuana plants, treat each plant, regardless of sex, as equivalent to 100 G of marihuana. Provided, however, that if the actual weight of the marihuana is greater, use the actual weight of the marihuana."

4. That under this retroactive amendment to the guidelines, the < # > plants attributed to < name > would now be calculated at < # plants x 100 > grams or < # grams/1000 > kilograms. Base offense level < # > applies to marihuana quantities of at least < ## > kilograms, but less than < # > kilograms. <Adjusting downward for the acceptance of responsibility,> Mr. < name>'s total offense level would now be level < # >, with a criminal history category of <#> and a range of <#> to <#> months.

<PARAGRAPH 5 BELOW APPLIES ONLY WHEN ANY PART OF

THE NEW GUIDELINE RANGE IS LESS THAN THE STATUTORY MINIMUM

MANDATORY PENALTY>

5. That 21 U.S.C. § 841(b)(1)( <A/B> )(vii) provides for a sentence of <five/ten> to <forty years/life> for offenses involving <100/1,000> kilograms or more of marihuana or

<100/1,000> or more marihuana plants regardless of weight. The Defendant's original sentence of < # > months was greater than the <five/ten> year statutory minimum mandatory sentence. In calculating the Defendant's base offense level, pursuant to Amendment 516, it is clear that the Defendant's corrected sentencing guideline range will be <#> to <#> months, which is less than the statutory mandatory minimum in the instant case. Accordingly, based on U.S.S.G. § 5G1.1 (b) the Defendant's sentence should be reduced to the statutory minimum mandatory sentence of <five/ten> years.

WHEREFORE, Defendant/Appellant, < name >, respectfully requests that this Honorable Court correct <his/her> sentence of imprisonment based upon the retroactive application of amendment 516 to the sentencing guidelines.

MEMORANDUM OF LAW

<THE FOLLOWING PARAGRAPH SHOULD ONLY BE USED WHEN THE NEW

GUIDELINE RANGE IS GREATER THAN THE APPLICABLE STATUTORY

MINIMUM MANDATORY PENALTY

Pursuant to 18 U.S.C. § 3582(c), the district court may modify a term of imprisonment, upon motion of a defendant, when said defendant was sentenced to a term of imprisonment based on sentencing range that subsequently has been lowered by the United States Sentencing Commission. See also U.S.S.G. § 181.10. This occurred in the instant case as outlined above. Therefore, < name > requests that this Honorable Court enter its Order scheduling the Defendant for a new sentencing hearing and, at said hearing, to lower the Defendant's base offense level to level < # >, resulting in a sentencing guideline range of <#> to <#> months..

<THE FOLLOWING PARAGRAPH SHOULD ONLY BE USED WHEN ANY PART

OF THE NEW GUIDELINE RANGE IS LOWER THAN

THE STATUTORY MINIMUM MANDATORY PENALTY

Pursuant to 18 U.S.C. § 3582(c), the district court may modify a term of imprisonment, upon motion of a defendant, when said defendant was sentenced to a term of imprisonment based on a sentencing range that subsequently has been lowered by the United States Sentencing Commission. See also U.S.S.G. § 181.10. This occurred in the instant case as outlined above. Pursuant to U.S.S.G. § 5Gl.l(b), when a statutory minimum mandatory sentence is greater than the maximum of the applicable guideline range, the statutorily required minimum sentence shall be the guideline sentence. In the instant case, the Defendant's guideline range at the original sentencing was greater than the statutory minimum mandatory sentence. Based on Amendment 516, the Defendant's new guideline range will be < # > to < #>, which is less than the applicable minimum mandatory statutory penalty. Accordingly, the Defendant is entitled to have his sentence reduced to the <five/ten> year statutory minimum mandatory penalty, set forth in 21 U.S.C. § 841(b)(1)( < A/B > ), pursuant to U.S.S.G. § 5Gl.l(b).

DATED this < > day of < >, 1996.

Respectfully submitted,

X:\APPS\MOTIONS\ALASKA\Post_con\CORRECT2.WPD