United States District Court, M.D. Florida, Tampa Division
ELIZABETH A. KOVACHEVICH JUDGE
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
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
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
Neyber Caiado entered an open plea before the undersigned on
on April 12, 2018. (Dkt. 120).
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,
Caiado indicates that Defendant Caiado's current release
date is July 29, 2026. (Dkt. 194, p. 2).
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.
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 ...