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United States v. Salazar-Guillen

United States District Court, D. Hawaii

December 10, 2015

UNITED STATES OF AMERICA, Plaintiff,
v.
JORGE SALAZAR-GUILLEN, Defendant.

ORDER DENYING DEFENDANT’S MOTION TO MODIFY SENTENCE PURSUANT TO THE DICTATES OF TITLE 18, UNITED STATES CODE, SECTION 3582(C)(2) (ECF NO. 720)

Helen Gillmor United States District Judge

Defendant Jorge Salazar-Guillen, proceeding pro se, has filed a Motion seeking a sentence reduction pursuant to 18 U.S.C. § 3582(c)(2) and Amendment 782 to the United States Sentencing Guidelines. Defendant is not eligible to receive a sentence reduction.

Defendant’s MOTION TO MODIFY SENTENCE PURSUANT TO THE DICTATES OF TITLE 18, UNITED STATES CODE, SECTION 3582(c)(2) (ECF No. 720) is DENIED.

PROCEDURAL HISTORY

On October 25, 2000, the grand jury returned a seventy-nine count Second Superseding Indictment against Defendant Jorge Salazar-Guillen along with several co-defendants. (Second Superseding Indictment, ECF No. 199). Defendant was charged in multiple counts, including:

Count 1 for engaging in a continuing criminal enterprise in violation of 21 U.S.C. § 848(a); and,
Count 77 for possessing a firearm while being an unlawful user of a controlled substance in violation of 18 U.S.C. § 922(g)(3). (Id.)

On October 22, 2001, the Government filed a First Superseding Information charging Defendant with:

Count 1 for criminal forfeiture in violation of 21 U.S.C. § 853; and,
Count 2 for money laundering in violation of 18 U.S.C. § 1956(a)(1). (ECF No. 382).

Also on October 22, 2001, Defendant pled guilty to Counts 1 and 77 in the Second Superseding Indictment and Counts 1 and 2 in the First Superseding Information. (ECF No. 383).

On April 12, 2002, the sentencing hearing was held. (ECF No. 489). Defendant was sentenced to the following terms of imprisonment with all terms to be served concurrently:

(1) a term of imprisonment of 240 months as to Count 1 of the Second Superseding Indictment and Count 2 of the First Superseding Information; and

(2) a term of imprisonment of 120 months as to Count 77 of the Second Superseding Indictment. (Amended Judgment, ECF No. 501).

On May 20, 2002, Defendant filed a Notice of Appeal. (ECF No. 517).

On January 27, 2003, the Ninth Circuit Court of Appeals issued an order affirming the judgment of the ...


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