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United States v. Viela

United States District Court, D. Hawaii

January 25, 2016

UNITED STATES OF AMERICA, Plaintiff,
v.
RAMEY KAIPO VIELA, Defendant.

ORDER DENYING DEFENDANT'S MOTION SEEKING REDUCTION OF SENTENCE PURSUANT TO 18 U.S.C. § 3582(c)(2) AND § 3553(a) (ECF No. 26) and DENYING DEFENDANT'S MOTION FOR DOWNWARD DEPARTURE UNDER 18 U.S.C. § 3553(D) (ECF No. 27)

HELEN GILLMOR, District Judge.

Defendant Ramey Kaipo Viela, proceeding pro se, has filed two Motions seeking a sentence reduction pursuant to 18 U.S.C. § 3582(c)(2), Amendment 782 to the United States Sentencing Guidelines, and 18 U.S.C. § 3553(a). Defendant is not eligible to receive a sentence reduction.

Defendant's MOTION SEEKING REDUCTION OF SENTENCE PURSUANT TO 18 U.S.C. § 3582(c)(2) AND §3553(a) (ECF No. 26) and Defendant's MOTION FOR DOWNWARD DEPARTURE UNDER 18 U.S.C. § 3553(D) (ECF No. 27) are DENIED.

PROCEDURAL HISTORY

On December 15, 2010, the grand jury returned a two-count Indictment against Defendant Ramey Kaipo Viela. (ECF No. 1).

Defendant was charged as follows:

Count 1: intent to distribute 5 grams or more of methamphetamine within one thousand feet of the real property comprising a school in violation of 21 U.S.C. §§ 860, 841(a)(1), 841(b)(1)(B); and

Count 2: intent to distribute 5 grams or more of methamphetamine in violation of 21 U.S.C. §§ 860(a), 841(a)(1), 841(b)(1)(B).

On January 12, 2011, Defendant pled guilty to the two counts in the Indictment. (ECF No. 14).

On May 6, 2011, the sentencing hearing was held. (ECF No. 22). Defendant was sentenced to a term of imprisonment of 120 months as to both Counts 1 and 2 in the Indictment, to be served concurrently. (Judgment, ECF No. 23).

On January 26, 2015, Defendant, proceeding pro se, filed a Motion entitled "MOTION SEEKING REDUCTION OF SENTENCE PURSUANT 18 U.S.C. § 3582(c)(2) and § 3553(a)." (ECF No. 26).

On the same date, Defendant filed another Motion entitled, "MOTION FOR DOWNWARD DEPARTURE UNDER 18 U.S.C. § 3553(D)." (ECF No. 27).

On January 30, 2015, the Court issued a Minute Order appointing the Federal Public Defender's Office to assist Defendant in seeking a sentence reduction. (ECF No. 28).

On November 4, 2015, the Federal Public Defender filed NOTICE BY OFFICE OF THE FEDERAL DEFENDER REGARDING DEFENDANTS FOR WHOM IT WILL NOT BE SEEKING RETROACTIVE ...


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