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United States v. Rupan

United States District Court, D. Hawaii

June 22, 2016

UNITED STATES OF AMERICA, Plaintiff,
v.
JUSTIN RUPAN, Defendant.

          ORDER DENYING DEFENDANT'S MOTION FOR REDUCTION OF TERM OF IMPRISONMENT PURSUANT TO 18 U.S.C. § 3582(C)(2) & U.S.S.G. AMEND. 782 (2014) (ECF NO. 72)

          HELEN GILLMOR, UNITED STATES DISTRICT JUDGE

         Defendant Justin Rupan, 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 FOR REDUCTION OF TERM OF IMPRISONMENT PURSUANT TO 18 U.S.C. § 3582(c)(2) & U.S.S.G. AMEND. 782 (2014) (ECF No. 72) is DENIED.

         PROCEDURAL HISTORY

         On October 2, 2013, the grand jury returned the Indictment charging Defendant Justin Rupan with four counts, as follows:

Count 1 for knowingly and intentionally distributing fifty (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;
Count 2 for knowingly and intentionally distributing five hundred (500) grams or more of a mixture and substance containing a detectable amount of methamphetamine in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A), and 18 U.S.C. § 2;
Count 3 for knowingly and willfully transmitting in interstate commerce a telephonic communication that contained a threat to kidnap a child in violation of 18 U.S.C. § 875(c); and,
Count 4 for knowingly and willfully transmitting in interstate commerce a telephonic communication that contained a threat to injure a person in violation of 18 U.S.C. § 875(c).

(Indictment, ECF No. 24).

         On February 27, 2014, Defendant pled guilty to Counts 1, 2, and 3 of the Indictment pursuant to a Plea Agreement. (ECF Nos. 55, 57, 59).

         On December 15, 2014, the Government filed the GOVERNMENT'S MOTION FOR DOWNWARD DEPARTURE. (ECF No. 67).

         On December 18, 2014, the Court held a sentencing hearing. (ECF No. 69). The Court granted the Government's Motion for Downward Departure. (Id.) The Court granted the Government's Motion to Dismiss Count 4 in the Indictment. (Id.)

         Defendant was sentenced to 110 months imprisonment as to each of Counts 1 and 2, and 60 months imprisonment as to Count 3, with all ...


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