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United States v. Caiado

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

October 31, 2019

UNITED STATES OF AMERICA,
v.
NEYBER CAIADO.

          ORDER

          ELIZABETH A. KOVACHEVICH JUDGE

         This cause is before the Court on:

Dkt. 194 Motion for Reduction of Sentence Pursuant to Sec. 3582(c)(2) and Amendments Set Out in "First Step Act"

         Defendant Neyber Caiado, pro se, requests a sentence reduction pursuant to 18 U.S.C. Sec. 3582(c)(2), Section 502 of the First Step Act, Home confinement for low-risk Prisoners, and Section 503 of the First Step Act, Federal prisoner reentry reauthorization; modification of imposed term of imprisonment.

         1. Background

         Defendant Neyber Caiado was charged with:

Count 1 Conspiracy to Distribute and Possess With Intent To Distribute Five Kilograms or More of Cocaine While Aboard a Vessel Subject to the Jurisdiction of the United States Violation of 46 U.S.C. Sees. 70503(a), 70506(a) and (b) and 21 U.S.C. Sec. 960 (b)(1)(B)(ii)
Count 2 Possession With Intent to Distribute Five Kilograms Or More of Cocaine While Aboard a Vessel Subject to the Jurisdiction of the United States Violation of 46 U.S.C. Sec. 70503(a), 70506(a), 18 U.S.C. Sec. 2, and 21 U.S.C. Sec. 960 (b)(1)(B)(ii)

         Defendant Neyber Caiado entered an open plea before the undersigned on on April 12, 2018. (Dkt. 120).

         Defendant Neyber Caiado was sentenced on July 13, 2018 to 120 months Imprisonment on Counts 1 and 2, concurrent, 60 months supervised release on Counts 1 and 2, concurrent; fine waived, and a special assessment fee of $200.00 (Dkts. 173, 182).

         Defendant Caiado indicates that Defendant Caiado's current release date is July 29, 2026. (Dkt. 194, p. 2).

         2. Discussion

         At the outset, the Court notes that Defendant Caiado has brought this Motion under 18 U.S.C. Sec. 3582(c)(2). However, this case does not involve a defendant who has been sentenced to a term of imprisonment based on a sentencing range that has been lowered by the Sentencing Commission pursuant to 28 U.S.C. Sec. 994(o). The Court construes Defendant Caiado's Motion to be brought under 18 U.S.C. Sec. 3582(c)(1)(A).

         The Court also notes that Defendant Caiado refers to Sections 502 and 503 of the First Step Act. The Court construes Defendant's Motion to be based ...


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