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United States v. Gomez

United States District Court, D. Hawaii

March 23, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
MOISES GOMEZ, aka Santiago, Defendant.

          ORDER DENYING DEFENDANT'S SECOND SUPPLEMENTAL SUBMISSION IN SUPPORT OF MOTION FOR REDUCTION OF SENTENCE PURSUANT TO 18 U.S.C. § 3582(c)(2) (ECF No. 407)

          HELEN GILLMOR UNITED STATES DISTRICT JUDGE

         Defendant Moises Gomez, proceeding pro se, has filed a Second Motion for a Sentence Reduction pursuant to 18 U.S.C. § 3582(c)(2) and Amendment 782 to the United States Sentencing Guidelines.

         On July 1, 2015, the Court issued an Order on Defendant's first Motion pursuant to Amendment 782 to the United States Sentencing Guidelines and found that Defendant is not eligible to receive a sentence reduction. Amendment 782 did not lower the sentencing guidelines applicable to Defendant because the drug quantity for which Defendant was found responsible remains at the maximum base offense level of 38 under the amended guidelines.

         Defendant's “SECOND SUPPLEMENTAL SUBMISSION IN SUPPORT OF MOTION FOR REDUCTION OF SENTENCE PURSUANT TO 18 U.S.C. § 3582(c)(2)” (ECF No. 407) is DENIED.

         PROCEDURAL HISTORY

         On July 26, 1995, the grand jury returned the Second Superseding Indictment charging Defendant Moises Gomez with two counts:

Count I: Conspiracy to distribute and possess with intent to distribute in excess of one kilogram of methamphetamine and in excess of one hundred (100) grams of crystal methamphetamine in violation of 21 U.S.C. §§ 841(a)(1), 846; and
Count II: Conspiracy to conduct financial transactions affecting interstate and foreign commerce, knowing that the property involved in the financial transactions represented the proceeds of some form of unlawful activity, with the intent to promote the carrying on of specified unlawful activity in violation of 18 U.S.C. § 1956(a)(1)(A)(i).

(Second Superseding Indictment, ECF No. 57).

         On December 22, 1995, after a seven-day jury trial, Defendant Gomez was found guilty as to both Counts I and II of the Second Superseding Indictment. (ECF No. 219).

         On May 8, 1996, Defendant was sentenced to 360 months imprisonment as to Count I and 240 months imprisonment as to Count II, to be served concurrently. (ECF Nos. 265, 269).

         On May 14, 1996, Defendant filed an appeal with the United States Court of Appeals for the Ninth Circuit. (ECF No. 270).

         On September 5, 1997, the Ninth Circuit Court of Appeals affirmed Defendant's conviction and sentence. (ECF No. 343).

         On July 27, 1998, Defendant filed a MOTION TO VACATE JUDGMENT AND DISMISS. (ECF No. 361); Gomez v. United ...


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