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United States v. Olguin

United States District Court, D. Hawaii

July 30, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
EDDY OLGUIN (03), Defendant.

          ORDER DENYING MOTION FOR MODIFICATION OF TERM OF IMPRISONMENT

          SUSAN OKI MOLLWAY, CHIEF UNITED STATES DISTRICT JUDGE

         I. INTRODUCTION.

         Defendant 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.

         II. BACKGROUND.

         On 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.

         Paragraphs 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”).

         Given 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 5814-18.

         III. ANALYSIS.

         On 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.

         The 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).

         The Ninth Circuit has also discussed 18 U.S.C. § 3582(c)(2), which authorizes a sentence reduction based on a guideline amendment:

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 ...

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