Opinion
13 Cr. 617 (PAC)
09-29-2017
UNITED STATES OF AMERICA, v. ROMAN VASQUEZ Defendant.
OPINION & ORDER :
Roman Vasquez, pro se, filed a motion requesting a reduction of his sentence pursuant to 18 U.S.C. § 3582(c)(2). The Court denies the motion.
Vasquez's motion appears to reference Amendments 782 and 788 to the United States Sentencing Guidelines, which instituted a two-level, retroactive reduction to the Guidelines base offense level for certain categories of drug-related offenses. To be eligible for a sentence reduction pursuant to Section 3582, Vasquez's sentence must be "based on a sentencing range that has been subsequently lowered by the Sentencing Commission." 18 U.S.C. § 3582(c)(2). Vasquez's sentence of 60 months in prison, however, is based on a statutory minimum mandated by 21 U.S.C. § 841(b)(1)(B) & 846. Accordingly, Vasquez is not eligible for a sentence reduction pursuant to Section 3582. See United States v. Williams, 551 F.3d 182, 186 (2d Cir. 2009) ("[Defendant] is ineligible for a modification of his sentence under § 3582(c)(2) because his sentence was based on the statutory mandatory minimum . . . .").
Furthermore, there is no basis for Vasquez's equal protection argument. See United States v. Alvarez, 29 Fed. App'x 659, 662 (2d Cir. 2002) (summary order) (rejecting equal protection claim based on disparate sentences because the "sentencing factors properly applicable to defendant and his co-defendants were different").
The Court denies Vasquez's motion for a reduction of sentence pursuant to 18 U.S.C. § 3582(c)(2). Dated: New York, New York
September 29, 2017
SO ORDERED
/s/_________
PAUL A. CROTTY
United States District Judge