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United States v. Valades

United States District Court, M.D. Florida, Tampa Division

February 13, 2018

UNITED STATES OF AMERICA,
v.
SAMUEL R. VALADES.

          ORDER

          ELIZABETH A. KOVACHEVICH UNITED STATES DISTRICT JUDGE.

         This cause is before the Court on:

         Dkt. 955 Motion for Modification of Previously Imposed Sentence

         Defendant 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.

         On 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

          The Advisory Guideline Range determined by the Court at sentencing was:

Total Offense Level

34

Criminal History Category

VI

Imprisonment Range

262 to 327 months

Supervisory Release Range

8 years

Restitution

N/A

Fine Range

$17, 500 to $4, 000, 000

Special Assessment

$100

         18 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 Sentencing Commission.

         In 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 Cir. 2016).

         I. Background

         On 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 ...


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