JOINT STIPULATION FOR A SENTENCE REDUCTION PURSUANT TO 18 U.S.C. § 3582(c)(2)

GLORIA M. NAVARRO, Chief District Judge.

The United States of America, by Assistant United States Attorney Elizabeth O. White, and Defendant Elvis Manuel Ruvalcalba, by Assistant Federal Public Defender Nisha Brooks-Whittington, submit the following Joint Stipulation for Discretionary Relief pursuant to 18 U.S.C. § 3582(c)(2).

The parties agree and stipulate to the following:

A. Material Facts in Support of Joint Stipulation

Defendant was previously convicted and sentenced for offenses involving controlled substances.

On June 13, 2013, this Court sentenced Defendant to 46 months' imprisonment for possessing with intent to distribute methamphetamine in violation of 21 U.S.C. §§ 841(a)(1), and (b)(1)(B)(viii). CR 53. This Court previously found: (a) that Defendant's total offense level was 23; (2) that Defendant's criminal history category was I; and (c) that the guidelines sentencing range was 46-57 months' imprisonment. This Court imposed a sentence at the low end of the guidelines range.

Following imposition of sentence, the U.S. Sentencing Commission promulgated Amendment 782, which took effect on November 1, 2014. Amendment 782 (a) reduces the guidelines offense levels across all drug types; and (b) with certain limitations, applies retroactively to defendants sentenced prior to November 1, 2014.

Defendant seeks a discretionary reduction in sentence pursuant to Amendment 782, and in accordance with 18 U.S.C. § 3582(c)(2) which (among other things) provides that, in certain circumstances, a sentencing court "may reduce the term of imprisonment." Pursuant to Amendment 788, sentencing reductions under Amendment 782 may not result in a defendant's release from BOP custody prior to November 1, 2015.

B. Terms of Sentence Reduction Under 18 U.S.C. § 3582(c)(2)

Defendant is eligible for a discretionary reduction to the guideline imprisonment range, and the parties agree that a reduction is appropriate. Pursuant to 18 U.S.C. § 3582(c)(2) and Guidelines Amendment 782: (a) Defendant's revised total offense level is 21; (b) Defendant's criminal history category remains I; and (c) the revised advisory guidelines sentencing range is 37-46 months' imprisonment. Based on the foregoing, the parties jointly recommend that Defendant's sentence be reduced to 37 months' imprisonment, a sentence at the low end of the revised guidelines range.1 The parties understand and stipulate that, if this reduced sentence would result in a release date prior to November 1, 2015, then the defendant will be ordered released on November 1, 2015.

C. Waivers; Review and Consent of Defendant

Defendant knowingly and voluntarily waives any right to appeal any aspect of the revised sentence, except that, if the revised sentence exceeds the recommended term of 37 months, or November 1, 2015, whichever is later, Defendant may appeal that aspect of the revised sentence. See Declaration, attached as Exhibit 1.

Defendant (a) waives any right he may have to a hearing on his motion under 18 U.S.C. § 3582(c)(2); (b) waives any right he may have to attend such a hearing; (c) has reviewed this stipulation with defense counsel; and (d) agrees with and consents to this stipulation. See Declaration, attached as Exhibit 1.

D. Addendum to PSR

The parties jointly request, for purposes of this Court's adjudication of Defendant's pending motion under 18 U.S.C. § 3582(c)(2), that this Court direct the United States Probation Office to submit an addendum to the Presentence Investigation Report (PSR), confirming Defendant's revised guidelines imprisonment range and describing any public safety factors (including Defendant's institutional history) relevant to this Joint Stipulation and discretionary relief under 18 U.S.C. § 3582(c)(2).

E. Acknowledgment of Reserved Rights

Notwithstanding this Joint Stipulation, the United States expressly preserves and does not waive its contentions that a defendant seeking relief under 18 U.S.C. § 3582(c)(2) has no constitutional or statutory right to counsel, to a hearing on the motion, or to be present at any hearing on the motion.

F. Conclusion

Based on the above, the parties respectfully request that the Court enter an order granting Defendant a sentence reduction pursuant to 18 U.S.C. § 3582(c)(2), and reducing his concurrent sentences to 37 months' imprisonment; with all other provisions of the judgment dated June 19, 2013, to remain in effect; and with an "effective date" of November 1, 2015.

IT IS SO ORDERED.

Exhibit 1

DECLARATION IN SUPPORT OF JOINT STIPULATION UNDER 18 U.S.C. § 3582(c)(2)

1. I, Elvis Manuel Ruvalcalba, am the Defendant in the above-captioned case and the movant seeking relief in a pending motion under 18 U.S.C. § 3582(c)(2).

2. I have read and discussed with my attorney, Nisha Brooks-Whittington, the "Joint Stipulation for a Sentence Reduction Pursuant to 18 U.S.C. § 3582(c)(2)" (the "Joint Stipulation") to be filed in this case.

3. I agree with and consent to the Joint Stipulation.

4. My attorney has explained my appellate rights to me. I hereby knowingly and voluntarily waive the right to appeal any aspect of the revised sentence imposed by the Court under the terms of the Joint Stipulation, except that, if the revised sentence exceeds the recommended term of 37 months' imprisonment, or November 1, 2015, whichever is later, I may appeal that aspect of the revised sentence.

5. I hereby waive any right I may have to a hearing on my pending motion for discretionary relief under 18 U.S.C. § 3582(c)(2), or to attend such a hearing.