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United States v. Ortiz

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

July 31, 2018

UNITED STATES OF AMERICA,
v.
JOSUEL ORTIZ.

          Pro Se Defendant: Josuel Ortiz.

          ORDER

         This cause is before the Court on:

         Dkt. 88 Notice Dkt. 89 Order Denying Motion to Reduce Sentence

         Defendant Josuel Ortiz, pro se, requests reconsideration of the Court's Order denying Defendant Ortiz' Motion to Reduce Sentence. In the Motion to Reduce Sentence, Defendant Ortiz requested modification of Defendant's term of imprisonment pursuant to 18 U.S.C. Sec. 3582(c)(2) and Amendment 782. Defendant Ortiz requested that Defendant's term of imprisonment be reduced to the mandatory minimum of 120 months.

         Defendant Ortiz asserts that the Court should have considered Amendment 794 in adjudicating Defendant's Motion to Reduce Sentence.

         I. Background

         In Count One, Defendant Ortiz was charged with Conspiracy to Possess With Intent to Distribute 500 Grams or More of Methamphetamine, in violation of 21 U.S.C. Sees. 846 and 841(b)(1)(A)(viii); in Count Two, Defendant Ortiz was charged with Possession With Intent to Distribute 50 Grams or More of Methamphetamine, in violation of 21 U.S.C. Sees. 841(a)(1) and 841(b)(1)(B)(viii), and 18 U.S.C. Sec. 2; in Count Three, Defendant Ortiz was charged with Possession With Intent to Distribute 500 Grams or More of Methamphetamine, in violation of 21 U.S.C. Sees. 841(a)(1) and 841(b)(1)(A)(viii) and 18 U.S.C. Sec 2.

         Defendant Ortiz entered into a Plea Agreement (Dkt. 24), pleading guilty to Count One. Defendant Ortiz was sentenced on August 5, 2016. (Dkts. 41, 42). At sentencing, Counts Two and Three were dismissed on the Government's Motion.

         Defendant Ortiz' Plea Agreement included a waiver of Defendant's right appeal his sentence, except on limited grounds. (Dkt. 24, par. 6).

         Defendant Ortiz did not object to the PSR at sentencing, and the Court adopted the PSR without change. (Dkts. 36, 43).

         The Advisory Guideline Range determined by the Court at sentencing, prior to departures or variances, was:

Total Offense Level 33
Criminal History Category III
Guideline Range (after application of Sec. 5G1.1 and Sec. 5G1.2) 16 ...

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