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United States v. Guzman

United States District Court, D. Hawaii

April 10, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
ADOLFO GUZMAN, JR., Defendant.

          ORDER DENYING DEFENDANT'S MOTION FOR REDUCTION OF SENTENCE PURSUANT TO 18 U.S.C. § 3582(C)(2) & AMENDMENT 782 (ECF NO. 170)

          Helen Gillmor, United States District Judge.

         Defendant Adolfo Guzman, Jr., 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 reduction.

         Defendant's Motion for Reduction of Sentence Pursuant to 18 U.S.C. § 3582(c)(2) and Amendment 782 (ECF No. 170) is DENIED.

         PROCEDURAL HISTORY

         On June 13, 2013, Defendant Adolfo Guzman, Jr. was charged in an Indictment (ECF No. 19) as follows:

Count 1: From a date unknown, but by in or around May 2013, and up through and including on or about May 31, 2013, in the District of Hawaii, Defendants ADOLFO GUZMAN JR, JUAN AREMENTA KELLY, and ANTONIO PEREZ JR., did conspire, confederate and agree with persons known and unknown to the Grand Jury, to commit offenses against the United States, that is, to knowingly and intentionally distribute and possess with intent to distribute five hundred (500) grams or more of a mixture and substance containing a detectable amount of methamphetamine, its salts, isomers and salts of its isomers, a Schedule II controlled substance, to wit, approximately 8, 154 grams, in violation of Title 21, United States Code, Sections 846, 841(a)(1) and 841(b)(1)(A).
Count 2: On or about May 31, 2013, in the District of Hawaii, Defendants ADOLFO GUZMAN JR, JUAN AREMENTA KELLY, and ANTONIO PEREZ JR., did knowingly and intentionally possess with intent to distribute five hundred (500) grams or more of a mixture and substance containing a detectable amount of methamphetamine, its salts, isomers and salts of its isomers, to wit, approximately 8, 154 grams, a Schedule II controlled substance, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(A).

         On April 21, 2014, Defendant Guzman, Jr. pled guilty to Count 1 and 2 of the Indictment pursuant to a Memorandum of Plea Agreement (“Plea Agreement”). (ECF No. 97).

         On January 23, 2015, Defendant Guzman, Jr. was sentenced to 145 months imprisonment. (ECF No. 150).

         On February 15, 2019, Defendant, proceeding pro se, filed MOTION UNDER 18 U.S.C. § 3582(c)(2) FOR A REDUCTION IN SENTENCE PURSUANT TO AMENDMENT 782 OF THE UNITED STATES SENTENCING GUIDELINES. (ECF No. 170).

         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. Dunn, 728 F.3d 1151, 1155 (9th Cir. 2013); see also 28 U.S.C. § 994(o).

         The United States Supreme Court has interpreted 18 U.S.C. § 3582(c)(2) as establishing a two-step inquiry. Dillon v. United States, 560 U.S. 817, 826-27 (2010).

         First, the Court must determine if a defendant is eligible for a sentence reduction based on a guideline that has been lowered by the Sentencing Commission after the date the ...


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