Filed: Nov. 16, 2016
Latest Update: Nov. 16, 2016
Summary: ORDER DENYING SENTENCE REDUCTION PURSUANT TO AMENDMENT 782 JAMES I. COHN , District Judge . THIS CAUSE is before the Court upon Defendant Yoel Vila's Motion for Modification or Reduction of Sentence Pursuant to 18 U.S.C. 3582(c)(2) [DE 149, 150] ("Motion"). The Court has carefully reviewed the Motion and the Government's Response [DE 153] and is otherwise fully advised in the premises. In accordance with a Plea Agreement [DE 62], Vila pleaded guilty to one count of conspiracy to posses
Summary: ORDER DENYING SENTENCE REDUCTION PURSUANT TO AMENDMENT 782 JAMES I. COHN , District Judge . THIS CAUSE is before the Court upon Defendant Yoel Vila's Motion for Modification or Reduction of Sentence Pursuant to 18 U.S.C. 3582(c)(2) [DE 149, 150] ("Motion"). The Court has carefully reviewed the Motion and the Government's Response [DE 153] and is otherwise fully advised in the premises. In accordance with a Plea Agreement [DE 62], Vila pleaded guilty to one count of conspiracy to possess..
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ORDER DENYING SENTENCE REDUCTION PURSUANT TO AMENDMENT 782
JAMES I. COHN, District Judge.
THIS CAUSE is before the Court upon Defendant Yoel Vila's Motion for Modification or Reduction of Sentence Pursuant to 18 U.S.C. § 3582(c)(2) [DE 149, 150] ("Motion"). The Court has carefully reviewed the Motion and the Government's Response [DE 153] and is otherwise fully advised in the premises.
In accordance with a Plea Agreement [DE 62], Vila pleaded guilty to one count of conspiracy to possess with intent to distribute marijuana plants. See 21 U.S.C. § 846. At Vila's sentencing hearing on March 25, 2015, the Court calculated an adjusted offense level of 13 and a criminal history category of IV. See DE 147 at 6-8. Those figures normally yield an advisory guideline range of 24 to 30 months' imprisonment. See id. at 7-8. But Vila was subject to a statutory minimum sentence of 60 months. See 21 U.S.C. § 841(b)(1)(B).1 Therefore, 60 months was the advisory guideline range. See DE 147 at 6; U.S.S.G. § 5G1.1(b) ("Where a statutorily required minimum sentence is greater than the maximum of the applicable guideline range, the statutorily required minimum sentence shall be the guideline sentence."). Based on this and other factors, the Court sentenced Vila to a prison term of 60 months. See DE 147 at 9.2
On October 19, 2016, Vila filed his present Motion, seeking a reduction of his sentence based on Amendment 782 to the United States Sentencing Guidelines. See U.S.S.G. app. C, amend. 782. That Amendment, which became effective on November 1, 2014, provides a two-level reduction in the base offense level for most drug quantities listed in U.S.S.G. § 2D1.1(c). See id. Vila contends that he was "sentenced on [the] basis of the old Drug Quantity Table" and should be re-sentenced using the new base offense level provided by Amendment 782. DE 150 at 2-3. Further, Vila claims that "his new Sentencing range should be 27 to 33 months' imprisonment." Id. at 3.
Vila's Motion is meritless. As the Government notes, Vila was sentenced after Amendment 782 became effective, and the Court used the proper base offense level under that Amendment. See DE 153 at 1. In any event, the normal guideline range was superseded by Vila's 60-month statutory minimum sentence. See id. at 1-2; U.S.S.G. § 5G1.1(b). It is therefore
ORDERED AND ADJUDGED that Defendant's Motion for Modification or Reduction of Sentence Pursuant to 18 U.S.C. § 3582(c)(2) [DE 149, 150] is DENIED.
DONE AND ORDERED.
