United States District Court, M.D. Florida, Tampa Division
Defendant: Josuel Ortiz.
cause is before the Court on:
Notice Dkt. 89 Order Denying Motion to Reduce Sentence
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
Ortiz asserts that the Court should have considered Amendment
794 in adjudicating Defendant's Motion to Reduce
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.
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.
Ortiz' Plea Agreement included a waiver of
Defendant's right appeal his sentence, except on limited
grounds. (Dkt. 24, par. 6).
Ortiz did not object to the PSR at sentencing, and the Court
adopted the PSR without change. (Dkts. 36, 43).
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 ...