Filed: May 06, 2019
Latest Update: May 06, 2019
Summary: ORDER SUSAN P. WATTERS , District Judge . On April 29, 2019, the Court received from Defendant Jose Luis Nunez-Hernandez ("Nunez") a letter asking whether he is eligible for a reduced sentence under the First Step Act. One provision of the First Step Act authorizes resentencing for some offenders. It applies only to persons convicted and sentenced for offenses involving crack cocaine. See First Step Act of 2018, Pub. L. No. 115-391, 404(b), 132 Stat. 5194, 5222 (Dec. 21, 2018); Fair Se
Summary: ORDER SUSAN P. WATTERS , District Judge . On April 29, 2019, the Court received from Defendant Jose Luis Nunez-Hernandez ("Nunez") a letter asking whether he is eligible for a reduced sentence under the First Step Act. One provision of the First Step Act authorizes resentencing for some offenders. It applies only to persons convicted and sentenced for offenses involving crack cocaine. See First Step Act of 2018, Pub. L. No. 115-391, 404(b), 132 Stat. 5194, 5222 (Dec. 21, 2018); Fair Sen..
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ORDER
SUSAN P. WATTERS, District Judge.
On April 29, 2019, the Court received from Defendant Jose Luis Nunez-Hernandez ("Nunez") a letter asking whether he is eligible for a reduced sentence under the First Step Act.
One provision of the First Step Act authorizes resentencing for some offenders. It applies only to persons convicted and sentenced for offenses involving crack cocaine. See First Step Act of 2018, Pub. L. No. 115-391, § 404(b), 132 Stat. 5194, 5222 (Dec. 21, 2018); Fair Sentencing Act of 2010, Pub. L. No. 111-220, §§ 2-3, 124 Stat. 2372, 2372 (Aug. 3, 2010).
Nunez was convicted of Counts 1, 2, 4, 5, 8, and 9 of the Third Superseding Indictment. His crimes involved methamphetamine and money laundering. See Third Superseding Indictment (Doc. 84); Verdict (Doc. 298).
Nunez is not eligible for resentencing under the First Step Act's retroactive application of the Fair Sentencing Act.
Accordingly, IT IS ORDERED that Nunez's letter (Doc. 609), construed as a motion for a reduced sentence, is DENIED.
