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United States of America v. Edilberto Algar Ruiz

February 8, 2012

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
EDILBERTO ALGAR RUIZ, JR.,
DEFENDANT.



The opinion of the court was delivered by: Helen Gillmor United States District Judge

ORDER GRANTING THE GOVERNMENT'S MOTION TO REDUCE SENTENCE PURSUANT TO RULE 35 OF THE FEDERAL RULES OF CRIMINAL PROCEDURE (DOC. 98)

On March 5, 2009, the Government filed a Protective Motion to Reduce Sentence Pursuant to Rule 35 of the Federal Rules of Criminal Procedure. (Doc. 96). On January 23, 2012, the Government filed a Motion to Reduce Sentence Pursuant to Rule 35 of the Federal Rules of Criminal Procedure. (Doc. 98). Defendant Edilberto Algar Ruiz, Jr. is serving a sentence of 60 months imprisonment for attempted possession with intent to distribute 50 grams or more of methamphetamine (Count 1), and attempted possession with intent to distribute 50 grams or more of a mixture containing methamphetamine (Count 2). (Doc. 85). Defendant is scheduled to be released on June 19, 2012. (Doc. 98). The Government requests that Defendant's sentence be reduced to time served for Defendant's substantial assistance. The Motion (Doc. 98) is GRANTED.

PROCEDURAL HISTORY

On October 17, 2007, Defendant Edilberto Algar Ruiz, Jr. pled guilty to attempted possession with intent to distribute 50 grams or more of methamphetamine (Count 1), and attempted possession with intent to distribute 50 grams or more of a mixture or substance containing methamphetamine (Count 2). (Doc. 42).

On March 13, 2008, Defendant was sentenced to 60 months imprisonment, to be followed by 5 years of supervised release. (Doc. 84).

On March 5, 2009, the Government filed a Protective Motion to Reduce Sentence Pursuant to Rule 35 of the Federal Rules of Criminal Procedure. (Doc. 96).

On January 23, 2012, the Government filed a Motion to Reduce Sentence Pursuant to Rule 35 of the Federal Rules of Criminal Procedure. (Doc. 98).

Pursuant to Local Rule 7.2(d), the Court elected to decide the Motion without a hearing.

STANDARD

Federal Rule of Criminal Procedure 35(b)(1) provides:

(1) In General. Upon the government's motion made within one year of sentencing, the court may reduce a sentence if the defendant, after sentencing, provided substantial assistance in investigating or prosecuting another person.

Federal Rule of Criminal Procedure 35(b)(2)(B) provides:

(2) Later Motion. Upon the government's motion made more than one year after sentencing, the court may reduce a sentence if the defendant's substantial assistance involved:

(B) information provided by the defendant to the government within one year of sentencing, but which did not become useful to the government until ...


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