U.S. v. Ruiz-Caro, 2:07-cr-00450-GEB-CMK. (2016)
Court: District Court, E.D. California
Number: infdco20160310843
Visitors: 25
Filed: Mar. 08, 2016
Latest Update: Mar. 08, 2016
Summary: ORDER GARLAND E. BURRELL, Jr. , Senior District Judge . Juan Enrique Ruiz-Caro, a federal prisoner convicted under a statute prescribing a 10 year mandatory minimum sentence, moves for reduction of his prison sentence under 18 U.S.C. 3582 and Amendment 782 to the Sentencing Guidelines, which generally revised the Drug Quantity Table in U.S.S.G. 2D1.1 downward by two levels. The United States opposes the motion arguing, inter alia, that Ruiz-Caro is not entitled to a reduction because
Summary: ORDER GARLAND E. BURRELL, Jr. , Senior District Judge . Juan Enrique Ruiz-Caro, a federal prisoner convicted under a statute prescribing a 10 year mandatory minimum sentence, moves for reduction of his prison sentence under 18 U.S.C. 3582 and Amendment 782 to the Sentencing Guidelines, which generally revised the Drug Quantity Table in U.S.S.G. 2D1.1 downward by two levels. The United States opposes the motion arguing, inter alia, that Ruiz-Caro is not entitled to a reduction because h..
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ORDER
GARLAND E. BURRELL, Jr., Senior District Judge.
Juan Enrique Ruiz-Caro, a federal prisoner convicted under a statute prescribing a 10 year mandatory minimum sentence, moves for reduction of his prison sentence under 18 U.S.C. § 3582 and Amendment 782 to the Sentencing Guidelines, which generally revised the Drug Quantity Table in U.S.S.G. § 2D1.1 downward by two levels. The United States opposes the motion arguing, inter alia, that Ruiz-Caro is not entitled to a reduction because his sentence was not based on a sentencing range that has subsequently been lowered by the Sentencing Commission, but rather, was based on the 10 year statutory mandatory minimum sentence. The United States is correct; the referenced mandatory minimum sentence was not affected by the change in the Amendment on which Ruiz-Caro relies. Therefore, the motion is denied.
Source: Leagle
