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U.S. v. PIEDRA, 113-220-05. (2017)

Court: District Court, S.D. Georgia Number: infdco20170526c04 Visitors: 3
Filed: May 25, 2017
Latest Update: May 25, 2017
Summary: ORDER J. RANDAL HALL , District Judge . On March 19, 2014, Defendant Oscar Piedra pleaded guilty to conspiracy to distribute and possess with intent to distribute 5 grams or more of methamphetamine, in violation of 21 U.S.C. 846. He was sentenced to serve 108 months imprisonment, which was later reduced to 87 months pursuant to 18 U.S.C. 3582(c) (2) after his guideline range was lowered. Presently, Defendant has filed a motion to further reduce his sentence "pursuant [to] U.S.S.G. 3B
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ORDER

On March 19, 2014, Defendant Oscar Piedra pleaded guilty to conspiracy to distribute and possess with intent to distribute 5 grams or more of methamphetamine, in violation of 21 U.S.C. § 846. He was sentenced to serve 108 months imprisonment, which was later reduced to 87 months pursuant to 18 U.S.C. § 3582(c) (2) after his guideline range was lowered.

Presently, Defendant has filed a motion to further reduce his sentence "pursuant [to] U.S.S.G. § 3B1.2 (Minor Role)." Presumably, Defendant is referencing Amendment 794 to the United States Sentencing Guidelines, which sets out new guidelines for the determination of whether a defendant should be granted a mitigating role reduction under U.S.S.G. § 3B1.2.

Defendant was sentenced prior to the effective date of Amendment 794. Even assuming Defendant is correct, i.e., that his conduct would qualify him for a "minor role" reduction, a court may not modify a sentence once it has been imposed except under limited circumstances. 18 U.S.C. § 3582(c). And, while one of the exceptions provides that a sentence may be reduced if it is based on a lowered guideline range, § 3582(c)(2) is only triggered by an amendment listed in U.S.S.G. § 1B1.10(d). ("In determining whether, and to what extent, a reduction in the defendant's term of imprisonment under 18 U.S.C. § 3582(c)(2) . . . is warranted, . . . the court shall substitute only the amendments listed in subsection (d) . . . and shall leave all other guideline application decisions unaffected" (emphasis added).). Amendment 794 is not a listed amendment in U.S.S.G. § 1B1.10(d).1 Consequently, Amendment 794 would not be available to Defendant.

Upon the foregoing, Defendant's motion to reduce sentence (doc. 31) is DENIED.

ORDER ENTERED.

FootNotes


1. Indeed, the Sentencing Commission stated that Amendment 794 is intended only as a clarifying amendment. U.S.S.G. App. C, Amend. 794 (Reason for Amend.) ("This amendment provides additional guidance to sentencing courts in determining whether a mitigating role adjustment applies.").
Source:  Leagle

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