Opinion
CRIMINAL ACTION 21-10010-FDS-2
04-25-2024
UNITED STATES OF AMERICA, v. DANYBELKIS VASQUEZ-RODRIGUE, Defendant.
ORDER ON DEFENDANT'S MOTIONS FOR REDUCTION IN SENTENCE
F. DENNIS SAYLOR IV CHIEF JUDGE, UNITED STATES DISTRICT COURT
On March 20 and again on April 23, 2024, defendant moved for a reduction of her sentence pursuant to the recently adopted Amendment 821 to the U.S. Sentencing Guidelines, made retroactive by 28 U.S.C. § 994(u). (ECF Nos. 182 and 185).
At the time of sentencing, defendant received zero criminal history points, and a total offense level of 28, resulting in an advisory guideline sentence range of 78 to 97 months. Defendant was sentenced to a 45-month term of imprisonment, followed by a term of supervised release. (ECF No. 162 at 9, 31).
Defendant might be eligible for an adjustment of her sentence as a zero-point offender whose offense is not one of those proscribed by the guidelines. See U.S.S.G. 4C1.1. Under the amended guidelines, her revised offense level is 26, resulting in a new guideline range of 63 to 78 months of imprisonment. However, a court shall not reduce a defendant's sentence “to a term that is less than the minimum of the amended guideline range ....” U.S.S.G. § 1B1.10(b)(2)(A).
Because defendant already received a term of imprisonment below the minimum amended guideline sentence, the Court will not reduce her sentence under Amendment 821.
Accordingly, defendant's motions are DENIED.
So Ordered.