United States District Court, D. Hawaii
ORDER DENYING MOTION FOR MODIFICATION OF TERM OF
OKI MOLLWAY, CHIEF UNITED STATES DISTRICT JUDGE
Eddy Olguin, convicted of participating in a drug conspiracy,
was found responsible for 907.2 kilograms of methamphetamine.
Olguin moves for a reduction of his sentence based on
Amendment 782, which lowered the United States Sentencing
Guideline base offense level for crimes involving certain
amounts of methamphetamine. However, Amendment 782 did not
affect the offense level for drug crimes involving massive
amounts of methamphetamine such as the amount Olguin was
found responsible for. Olguin's motion for modification
of his sentence is therefore denied.
September 2, 2008, a jury convicted Olguin of participating
in a drug conspiracy involving methamphetamine. See
ECF No. 374. The verdict form noted the jury's express
finding that Olguin was responsible for at least 50 grams of
methamphetamine, its salts, isomers and salts of its isomers,
triggering a mandatory 10-year minimum prison sentence,
maximum of life. Id.
48 and 49 of Olguin's Presentence Investigation Report
stated that Olguin was “responsible for 907.2 kilograms
of methamphetamine.” Olguin objected to being held
responsible for that amount. See ECF No. 479, PageID
#s 2273-74. At sentencing, this court adopted the report,
specifically overruling Olguin's objections to the drug
amount and expressly ruling that he was responsible for the
amount of methamphetamine attributed to him in Paragraph 48
of his Presentence Investigation Report, 907.2 kilograms of
methamphetamine. See Transcript of Proceedings at
3-4, ECF No. 589, PageID #s 5807-08 (“I think the
Probation Office has correctly assessed the amount of drug
attributable to him in paragraph 48.”) (“I am
adopting the Presentence Invesitgation Report”), PageID
# 5817 (noting that Olguin was “clearly an important
part of a drug distribution organization that involved
thousands of pounds of methamphetamine”).
the amount of methamphetamine involved, this court determined
that Olguin's base offense level was 38. Two points were
added for possessing a handgun during a drug transaction,
giving him a total offense level of 40. Olguin was in
criminal history category 1, leading to an advisory
sentencing guideline imprisonment range of 292 to 365 months.
See ECF No. 589, PageID # 5808. The court sentenced
Olguin to 276 months of imprisonment, 5 years of supervised
release, and a $100 special assessment. See ECF No.
499. The court departed from the advisory guideline range
based in part on Olguin's conduct in comparison to that
of other co-defendants. See ECF No. 589, PageID #s
March 18, 2019, Olguin filed the present motion, asking this
court to modify his term of imprisonment pursuant to 18
U.S.C. § 3582(c)(2), Amendments 782 and 788, and U.S.
Sentencing Guidelines Manual § 1B1.10. See ECF
No. 728. Olguin says his sentence should be shorter because
Amendment 782, made retroactive by Amendment 788,
“reduced the base offense level by two levels for most
drug offenses.” Hughes v. United States, 138
S.Ct. 1765, 1774 (2018). Olguin's argument is unavailing.
Ninth Circuit has noted:
On November 1, 2014, the Commission issued Amendment 782 to
its Sentencing Guidelines, which lowered the recommended
sentences for certain drug crimes . . . . See United
States Sentencing Commission, Guidelines Manual, (hereinafter
“USSG”), supp. app'x. C, amend 782 (2014). At
the same time, the Commission promulgated another amendment,
Amendment 788, which amended § 1B1.10 of the Guidelines
to authorize district courts to apply Amendment 782
retroactively to reduce the length certain already-imposed
sentences, provided that “the effective date of the
court's order is November 1, 2015, or later.”
See USSG, supp. app'x. C, amend. 788 (2014);
USSG § 1B1.10.
United States v. Navarro, 800 F.3d 1104, 1107
(9th Cir. 2015).
Ninth Circuit has also discussed 18 U.S.C. § 3582(c)(2),
which authorizes a sentence reduction based on a guideline
If an amendment applies retroactively, the [Sentencing Reform
Act of 1984] authorizes district courts to reduce the
sentences of prisoners who were sentenced based on a
Guidelines range that would have been lower had the amendment
been in place when they were sentenced. 18 ...