Elawyers Elawyers
Washington| Change

U.S. v. Lopez-Vasquez, 4:14-CR-20-D. (2016)

Court: District Court, E.D. North Carolina Number: infdco20160701f66 Visitors: 15
Filed: Jun. 30, 2016
Latest Update: Jun. 30, 2016
Summary: ORDER JAMES C. DEVER, III , District Judge . On July 14, 2014, pursuant to a plea agreement [D.E. 25], Pablo Lopez-Vasquez ("Lopez-Vasquez") pleaded guilty to possession with the intent to distribute a quantity of methamphetamine in violation of 21 U.S.C. 841(a)(1). See [D.E. 24-25]; Rule 11 Tr. [D.E. 36]. On October 14, 2014, the court held Lopez-Vasquez's sentencing hearing. See Sentencing Tr. [D.E. 37]. At the hearing, the court adopted the facts contained in the Presentence Invest
More

ORDER

On July 14, 2014, pursuant to a plea agreement [D.E. 25], Pablo Lopez-Vasquez ("Lopez-Vasquez") pleaded guilty to possession with the intent to distribute a quantity of methamphetamine in violation of 21 U.S.C. § 841(a)(1). See [D.E. 24-25]; Rule 11 Tr. [D.E. 36]. On October 14, 2014, the court held Lopez-Vasquez's sentencing hearing. See Sentencing Tr. [D.E. 37]. At the hearing, the court adopted the facts contained in the Presentence Investigation Report ("PSR") and ruled on one objection to the PSR. See id. 5-8; Fed. R. Crim. P. 32(i)(3)(A)-(B). The court calculated Lopez-Vasquez's total offense level to be 25, his criminal history category to be II, and his advisory guideline range to be 63-78 months. See Sentencing Tr. 6-8. After thoroughly considering all relevant factors under 18 U.S.C. § 3553(a), the court sentenced Lopez-Vasquez to 63 months' imprisonment. See id. 18-24.

Lopez-Vasquez appealed. See [D.E. 32]. On June 15, 2015, the United States Court of Appeals for the Fourth Circuit enforced the appellate waiver in Lopez-Vasquez's plea agreement and dismissed Lopez-Vasquez's appeal. See [D.E. 39]. Lopez-Vasquez timely filed a petition for certiorari. On November 2, 2015, the Supreme Court of the United States denied Lopez-Vasquez's petition. See Lopez-Vasquez v. United States, 136 S.Ct. 423 (2015).

On June 24, 2015, Lopez-Vasquez filed a motion for a sentence reduction under 18 U.S.C. § 3582(c)(2), U.S.S.G. § 1B 1.10, and Amendment 782 to the Sentencing Guidelines. See [D.E. 42]. On March 30, 2016, the government responded in opposition. See [D.E. 45]. Lopez-Vasquez's new advisory guideline range is 51-63 months' imprisonment based on a total offense level of 23 and a criminal history category of II. See Resentencing Report. Lopez-Vasquez requests a 51-month sentence. See id.

The court has discretion to reduce Lopez-Vasquez's sentence. See, e.g., Dillon v. United States, 560 U.S. 817, 827 (2010); United States v. Cole, 618 F. App'x 178, 178-79 (4th Cir. 2015) (per curiam) (unpublished); United States v. Thomas, 546 F. App'x 225, 225-26 (4th Cir. 2013) (per curiam) (unpublished); United States v. Perez, 536 F. App'x 321, 321 (4th Cir. 2013) (per curiam) (unpublished); United States v. Smalls, 720 F.3d 193, 195-97 (4th Cir. 2013); United States v. Stewart, 595 F.3d 197, 200 (4th Cir. 2010). In deciding whether to reduce Lopez-Vasquez's sentence, the court finds that Lopez-Vasquez engaged in serious criminal conduct involving methamphetamine See PSR ¶¶ 4-6. His offense conduct also included nearly hitting a police officer with his car and driving while intoxicated. See id. ¶ 4. Furthermore, Lopez-Vasquez's criminal history includes a conviction for possession with intent to sell and deliver methamphetamine and possession with intent to sell and deliver cocaine. See id. ¶ 10. Moreover, while incarcerated on his federal sentence, Lopez-Vasquez has not made any payments towards his financial obligation. See Resentencing Report; cf. Pepper v. United States, 562 U.S. 476, 491 (2011); U.S.S.G. § 1B1.10, cmt. n.1(B)(iii).

Having reviewed the entire record and all relevant policy statements, the court finds that Lopez-Vasquez received the sentence that was "sufficient, but not greater than necessary" under 18 U.S.C. § 3553(a) and finds that reducing Lopez-Vasquez's sentence would threaten public safety in light of his serious criminal conduct and criminal history. Cf. U.S.S.G. § 1B1.10, cmt. n.1(B)(ii). Lopez-Vasquez's serious criminal conduct and criminal history do not support reducing Lopez-Vasquez's sentence. Thus, the court denies Lopez-Vasquez's motion for reduction of sentence. See, e.g., Cole, 618 F. App'x at 178-79; Thomas, 546 F. App'x at 225-26; Perez, 536 F. App'x at 321.

In sum, Lopez-Vasquez's motion for reduction of sentence [D.E. 42] is DENTED.

SO ORDERED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer