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U.S. v. Lopez, 10-cr-00823 EJD. (2019)

Court: District Court, N.D. California Number: infdco20190418b23 Visitors: 11
Filed: Apr. 16, 2019
Latest Update: Apr. 16, 2019
Summary: ORDER DENYING DEFENDANT'S MOTION TO REDUCE SENTENCE Docket No. 157. EDWARD J. DAVILA , District Judge . On March 1, 2012, Defendant Gustavo Colin Lopez ("Defendant") entered an open guilty plea to one count of conspiracy to possess with intent to distribute and to distribute methamphetamine in violation of 21 U.S.C. 846. Dkt. No. 82. Defendant was thereafter sentenced to a custodial term of 180 months and five years of supervised release. Dkt. No. 126. Judgment was entered on April 4, 20
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ORDER DENYING DEFENDANT'S MOTION TO REDUCE SENTENCE

Docket No. 157.

On March 1, 2012, Defendant Gustavo Colin Lopez ("Defendant") entered an open guilty plea to one count of conspiracy to possess with intent to distribute and to distribute methamphetamine in violation of 21 U.S.C. § 846. Dkt. No. 82. Defendant was thereafter sentenced to a custodial term of 180 months and five years of supervised release. Dkt. No. 126. Judgment was entered on April 4, 2013. Dkt. No. 127.

In August of 2016, Defendant filed a motion for a reduction of sentence pursuant to 18 U.S.C. § 3582(c)(2) and U.S.S.G. § 1B1.10 based on Amendment 782. Dkt. No. 152. The government filed a response. Dkt. No. 155. On June 21, 2017, the court denied Defendant's motion. Dkt. No. 156. The court reasoned that Defendant was ineligible for a sentence reduction because he was sentenced to a term that was less than the amended Guideline range.

Presently before the court is Defendant's second motion for a reduction of sentence pursuant to 18 U.S.C. § 3582(c)(2) and U.S.S.G. § 1B1.10. Defendant's motion raises no new arguments regarding Amendment 782 that affect the court's decision to deny Defendant's original motion for a reduction of sentence. Defendant argues in the alternative that the court should dismiss the indictment altogether because his constitutional rights were violated. Defendant's motion, however, fails to set forth sufficient facts and legal authority to establish a deprivation of constitutional rights.

Defendant's second motion for a reduction of his sentence is accordingly DENIED.

IT IS SO ORDERED.

Source:  Leagle

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