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United States v. Postadan

United States District Court, D. Hawaii

January 12, 2016

UNITED STATES OF AMERICA, Plaintiff,
v.
MARVIN POSTADAN, Defendant.

ORDER DENYING DEFENDANT’S MOTION FOR SENTENCE REDUCTION PURSUANT TO USSG AMENDMENT 782/TWO LEVEL REDUCTION IN SENTENCING GUIDELINES/18 USC §3582(C)(2) (ECF NO. 550)

Helen Gillmor United States District Judge.

Defendant Marvin Postadan, proceeding pro se, has filed a Motion requesting a reduction in sentence 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 FOR SENTENCE REDUCTION PURSUANT TO USSG AMENDMENT 782/TWO LEVEL REDUCTION IN SENTENCING GUIDELINES/18 USC §3582(c)(2) (ECF No. 550) is DENIED.

PROCEDURAL HISTORY

On October 8, 2003, the grand jury returned a thirteen-count Indictment, charging Defendant Postadan and several co-defendants with conspiracy to possess with intent to distribute methamphetamine and related offenses. (ECF No. 1).

Defendant was charged as follows:

Count 1: conspiracy to possess with intent to distribute 50 grams or more of methamphetamine in violation of 21 U.S.C. §§ 846, 841(a)(1), 841(b)(1)(A);

Count 2: possession with intent to distribute 50 grams or more of methamphetamine in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A), and 18 U.S.C. § 2; and

Count 13: conspiracy to commit money laundering in violation of 18 U.S.C. §§ 1956(a)(1)(A)(i), 1956(h). (Id.)

On July 16, 2004, Defendant pled guilty to all three counts against him in the Indictment. (ECF No. 267).

On April 4, 2005, Defendant was sentenced to 200 months imprisonment as to each of Counts 1, 2, and 13 in the Indictment, with all terms to run concurrently. (ECF No. 440).

On April 5, 2005, Defendant filed an appeal of his sentence with the Ninth Circuit Court of Appeals. (ECF No. 431).

On November 8, 2006, the Ninth Circuit Court of Appeals affirmed Defendant’s sentence. (ECF No. 512).

On September 9, 2013, Defendant filed a Motion to Vacate, Set Aside, or Correct Sentence Pursuant to 28 U.S.C. ยง 2255 with ...


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