United States District Court, M.D. Florida, Tampa Division
ELIZABETH A. KONACHEVICH UNITED STATES DISTRICT JUDGE.
cause is before the Court on:
320 Motion for Minor Role Reduction In Light of Amendment 794
Luis Nunez Reyes-Serrano, pro se, requests a reduction in
Defendant's sentence, pursuant to Amendment 794 to
U.S.S.G. Sec. 3B1.2.
30, 2010, Defendant Luis Nunez Reyes-Serrano was sentenced to
168 months imprisonment, followed by 60 months of supervised
release; the fine was waived, and a special assessment fee of
$100.00. (Dkts. 195, 207).
Advisory Guideline Range determined by the Court at
sentencing, before departures, is:
Total Offense Level
Criminal History Category
168 to 210 months
Supervised Release Range
3 to 5 years
$17, 500 to $4, 000, 000
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 Fed.3d 1182, 1193-1194
(11th Cir. 2016).
February 4, 2010, Defendant Luis Nunez Reyes-Serrano entered
into a Plea Agreement as to Count One of the Indictment,
pleading guilty to the charge of, while on board a vessel
subject to the jurisdiction of the United States, knowingly
and intentionally conspiring with others to possess with the
intent to distribute or to distribute five kilograms or more
of a mixture or substance containing a detectable amount of
cocaine, a Schedule II narcotic controlled substance, in
violation of Title 46, United States Code, Sections 70503(a)
and 70506(a) and (b); and Title 21, United States Code,