United States District Court, M.D. Florida, Tampa Division
ELIZABETH A. KOVACHEVICH UNITED STATES DISTRICT JUDGE.
cause is before the Court on:
955 Motion for Modification of Previously Imposed Sentence
Samuel R. Valades, pro se, moves for modification of
a previously imposed sentence pursuant to 18 U.S.C. Sec.
3582(c)(2) and U.S.S.G. Amendment 794.
November 20, 2006, Defendant Valades was sentenced to 210
months of imprisonment as to Count One of the Superseding
Indictment, followed by 96 months of supervised release, fine
was waived, and a special assessment of $100.00
Advisory Guideline Range determined by the Court at
Total Offense Level
Criminal History Category
262 to 327 months
Supervisory Release Range
$17, 500 to $4, 000, 000
U.S.C. Sec. 3582(c)(2) provides:
(c) Modification of an imposed term of imprisonment.-The
court may not modify a term of imprisonment once it has been
imposed except that-
. . . . . .
2) 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
pursuant to 28 U.S.C. 994(o), upon motion of the defendant or
the Director of the Bureau of Prisons, or on its own motion,
the court may reduce the term of imprisonment, after
considering the factors set forth in section 3553(a) to the
extent that they are applicable, if such a reduction is
consistent with applicable policy statements issued by the
November, 2015, the Sentencing Commission added clarifying
language to Application Note 3(C) for Sec. 3B1.2, which
explained the factors the Court considers for a minor-role
adjustment, and which did not substantively alter Sec. 3B1.2.
The Sentencing Commission stated that Amendment 794 provides
additional guidance to sentencing courts. See U.S.S.G. Supp.
App. C, Amend. 794, Reason for Amendment. See U.S. v.
Cruickshank, 837 F.3d 1182, 1193-1194 (11th
April 13, 2006, Defendant Valades entered into a Plea
Agreement as to Count One of the Superseding Indictment,
conspiracy to distribute and to possess with intent to
distribute five kilograms or more of a mixture or substance
containing a detectable amount of ...