United States District Court, D. Hawaii
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.
GILLMOR UNITED STATES DISTRICT JUDGE
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
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.
“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.
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.
(Second Superseding Indictment, ECF No. 57).
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).
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).
14, 1996, Defendant filed an appeal with the United States
Court of Appeals for the Ninth Circuit. (ECF No. 270).
September 5, 1997, the Ninth Circuit Court of Appeals
affirmed Defendant's conviction and sentence. (ECF No.
27, 1998, Defendant filed a MOTION TO VACATE JUDGMENT AND
DISMISS. (ECF No. 361); Gomez v. United ...