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United States v. Campaz

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

May 1, 2018

UNITED STATES OF AMERICA,
v.
NIBSON FERNEY MANDINGA CAMPAZ

          ORDER

          ELIZABETH A. KOVACHEVICH UNITED STATES DISTRICT JUDGE.

         This cause is before the Court on:

Dkt. 223 Motion for Reduction of Sentence Pursuant to U.S.S.G. Sec. 3B1.2 (Minor Role)
Dkt. 227 Response

         Defendant Nibson Ferney Mandinga Campaz, gro se, requests a reduction of Defendant's sentence pursuant to U.S.S.G. Sec. 381.2.

         The Government opposes Defendant Campaz's Motion for Reduction of Sentence. The Government argues that, pursuant to 18 U.S.C. Sec. 3582(e), a district court may modify a defendant's sentence only in limited circumstances, and Defendant Campaz does not meet the requirements of any of those circumstances. (Dkt. 227, p. 3).

         After entering a plea of guilty to Count 3 of the Superseding Indictment pursuant to a Plea Agreement (Dkt. 123), Defendant Campaz was sentenced on January 25, 2013. At the time of sentencing, the Court granted the Government's Motion for Downward Departure (3 levels) for Defendant's substantial assistance, and granted an additional level. Defendant Campaz was sentenced to 108 months imprisonment, followed by 60 months supervised release; the fine was waived; and a special assessment fee of $100.00. (Dkt. 168).

         Defendant Campaz's Plea Agreement provides:

2. Maximum Penalties
Count Three is punishable by a mandatory minimum term of imprisonment of ten (10) years up to life imprisonment, a fine of up to ten million dollars ($10, 000, 000), a term of supervised release of at least five (5) years, and a special assessment of $100 per felony count.
3. Under Apprendi v. New Jersey, 530 U.S. 466 (2000), a maximum sentence of life imprisonment may be imposed with respect to Count Three because the following facts have been admitted by the defendant and are established by this plea of guilty:
The Defendant conspired with others to possess with intent to distribute or to distribute five (5) kilograms or more of cocaine.
5. Appeal of Sentence
The defendant agrees that this Court has jurisdiction and authority to impose any sentence up to the statutory maximum and expressly waives the right to appeal defendant's sentence...on any ground, including the ground that the Court erred in determining the applicable guidelines range pursuant to the United States Sentencing Guidelines, except (a) the ground that the sentence exceeds the defendant's applicable guidelines range as determined by the Court pursuant to the United States Sentencing Guidelines; (b) the ground that the sentence exceeds the statutory maximum penalty; or (c) The ground that the sentence violates the Eighth Amendment of the Constitution; provided, however, that if the government exercises its right to appeal the sentence imposed, as ...

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