United States District Court, D. Hawaii
ORDER DENYING DEFENDANT'S MOTION FOR SENTENCE
REDUCTION PURSUANT TO 18 U.S.C. § 3582 (ECF NO.
GILLMOR UNITED STATES DISTRICT JUDGE.
Sacramento Gonzalez-Oseguera, proceeding pro se, has filed a
letter requesting a reduction in sentence pursuant to the
First Step Act, Pub. L. No. 115-391. Defendant is not
eligible to receive a sentence reduction.
Motion for Sentence Reduction (ECF No. 60) is
December 13, 2006, the grand jury returned a three-count
First Superseding Indictment against Defendant. (ECF No. 5).
7, 2007, Defendant pled guilty, pursuant to a plea agreement,
to Count I of the First Superseding Indictment for conspiracy
to distribute and possess with intent to distribute five
hundred (500) grams or more of a substance and mixture
containing a detectable amount of methamphetamine, its salts,
isomers, and salts of its isomers in violation of 21 U.S.C.
§§ 846, 841(a)(1), 841(b)(1)(A). (ECF No. 31).
15, 2007, the Court entered an order that accepted the
Defendant's plea of guilty and adjudged him guilty as to
Count I in the First Superseding Indictment. (ECF No. 35).
October 18, 2007, Defendant was sentenced to 180 months
imprisonment as to Count 1 in the First Superseding
Indictment. (Amended Judgment, ECF No. 47). Counts 2 and 3 in
the First Superseding Indictment were dismissed as required
by the Memorandum of Plea Agreement. (Id.)
January 31, 2019, Defendant, proceeding pro se, filed a
letter requesting a reduction in his sentence pursuant to 18
U.S.C. § 3582 and the First Step Act, Pub. L. No.
115-391. (ECF No. 60).
Court “may modify an imposed term of imprisonment to
the extent otherwise expressly permitted by statute or by
Rule 35 of the Federal Rules of Criminal Procedure.” 18
U.S.C. § 3582(c)(1)(B); see United States v.
Perez-Asencio, No. 18CR3611-H, 2019 WL 626175 (S.D. Cal.
Feb. 14, 2019).
December 21, 2018, the First Step Act of 2018, Pub. L. No.
115-391, 132 Stat. 5194, was signed into law. The First Step
Act implements reforms to the criminal justice system.
has submitted a handwritten letter asking if he is eligible
for relief pursuant to the First Step Act. The Court
liberally construes Defendant's letter as a
motion to reduce his sentence pursuant to the First Step Act.
are a number of reforms in the First Step Act, but Section
404 is the only provision that applies retroactively to
defendants who have already been sentenced. Section 404
permits the district courts to reduce a sentence
retroactively based on the revised statutory penalties of the
Fair Sentencing Act of 2010, Pub. Law 111-220; 124 Stat.
2372. See First Step Act § 404(a). ...