Opinion
2:12-cr-00392-KJM-2
10-23-2022
United States of America, Plaintiff-Respondent, v. Jaime Ysidro Sturgis, Defendant-Petitioner.
ORDER
Jaime Ysidro Sturgis filed a pro se motion to reduce his sentence under 18 U.S.C. § 3582(c)(2) based on guideline amendment 782 to the United States Sentencing Guidelines. Mot. at 1, ECF No. 327. The Federal Defender declined to supplement Mr. Sturgis's motion, see Notice of Non-Suppl., ECF No. 329, and so the court appointed CJA Panel Attorney Erin J. Radekin, see Order, ECF No. 330, who also filed a notice of non-supplementation, see Notice of Non-Suppl., ECF No. 336. This case was recently randomly reassigned to the undersigned. Clerk's Notice, ECF No. 343.
Mr. Sturgis was sentenced to a term of 235 months in May 2015. J. & Sent. Tr. at 10:4-5, ECF No. 335. This sentence was based on the 2014 Guidelines Manual, which incorporated guideline amendment 782. See Presentence Investigation Rep. at 10, ECF No. 304; United States v. Viengkham, No. 11-0052, 2015 WL 273314, at *1 (E.D. Cal. Jan. 21, 2015) (“Amendment 782, which revised the Drug Quantity Table in U.S.S.G. § 2D1.1 and reduced by two levels the offense level applicable to many drug offenses, became effective on November 1, 2014. Moreover, the Sentencing Commission voted to make Amendment 782 retroactively applicable to previously-sentenced defendants.”). In other words, Mr. Sturgis's sentence already accounts for amendment 782's two-level offense reduction. He is not eligible for a further reduction based on that guideline amendment. The court denies Mr. Sturgis's motion.
This order resolves ECF No. 327.
IT IS SO ORDERED.