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United States v. Plaza-Arevalo

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

May 3, 2018

UNITED STATES OF AMERICA,
v.
LUIS NUNEZ REYES-SERRANO.

          ORDER

          ELIZABETH A. KONACHEVICH UNITED STATES DISTRICT JUDGE.

         This cause is before the Court on:

         Dkt. 320 Motion for Minor Role Reduction In Light of Amendment 794

         Defendant 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.

         On June 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).

         The Advisory Guideline Range determined by the Court at sentencing, before departures, is:

Total Offense Level

35

Criminal History Category

I

Imprisonment Range

168 to 210 months

Supervised Release Range

3 to 5 years

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 Fed.3d 1182, 1193-1194 (11th Cir. 2016).

         I. Background

         On 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, Section 960(b)(1)(B)(ii).

         The Plea ...


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