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United States v. Bonilla-Galeas

United States District Court, D. Hawaii

February 2, 2016

UNITED STATES OF AMERICA, Plaintiff,
v.
RAMON BONILLA-GALEAS, Defendant.

ORDER DENYING DEFENDANT’S MOTION FOR MODIFICATION OR REDUCTION OF SENTENCE PURSUANT TO 18 U.S.C. § 3582(C)(2) (ECF NO. 131) AND DENYING DEFENDANT’S REQUEST FOR APPOINTMENT OF COUNSEL

HELEN GILLMOR UNITED STATES DISTRICT JUDGE

Defendant Ramon Bonilla-Galeas, 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 also requests appointment of counsel. Defendant is not eligible to receive a sentence reduction.

Defendant’s Motion for Modification or Reduction of Sentence pursuant to 18 U.S.C. § 3582(c)(2) (ECF No. 131) is DENIED. Defendant’s request for appointment of counsel is DENIED.

PROCEDURAL HISTORY

On August 1, 2013, the grand jury returned the Indictment charging Defendant Ramon Bonilla-Galeas with two counts, as follows:

Count 1 for conspiracy to knowingly and intentionally distribute and possess with the intent to distribute fifty grams or more of methamphetamine in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A) and 846; and, Count 4 for possession with the intent to distribute fifty grams or more of methamphetamine in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A) and 18 U.S.C. § 2. (Indictment, ECF No. 10).

On January 21, 2014, Defendant filed a Motion to Suppress. (ECF No. 30).

On February 10, 2014, the Court held a hearing and denied Defendant’s Motion to Suppress. (ECF No. 45).

On September 29, 2014, Defendant pled guilty to Count 1 in the Indictment pursuant to a Plea Agreement. (ECF No. 70).

On July 2, 2015, Defendant was sentenced to 10 years imprisonment as to Count 1 in the Indictment. (ECF No. 98). The Court granted the Government’s motion to dismiss Count 4 in the Indictment. (Id.)

On July 19, 2015, Defendant filed a Notice of Appeal. (ECF No. 105).

On January 25, 2016, Defendant filed a MOTION FOR MODIFICATION OR REDUCTION OF SENTENCE PURSUANT TO 18 U.S.C. § 3582(c)(2) (GUIDELINE AMENDMENT No. 782). (ECF No. 131).

ANALYSIS

18 U.S.C. § 3582(c)(2) authorizes district courts, in some circumstances, to modify an imposed sentence in the case of a defendant who has been sentenced to a term of imprisonment based on a sentencing range that has subsequently been lowered by the Sentencing Commission. United States v. ...


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