Opinion
22-cr-00259 (ER)
01-03-2024
UNITED STATES OF AMERICA, Plaintiff, v. SUCRE ALMANZAR-ALBA, Defendant.
ORDER
EDGARDO RAMOS, U.S.D.J.
On September 23, 2022, Defendant Sucre Almanzar-Alba was sentenced to 60 months' imprisonment for distribution and possession with intent to distribute fentanyl. On December 1, 2023, he moved for a sentence reduction pursuant to Amendment 821 to the United States Sentencing Guidelines, which provides for a two-level reduction from the applicable total offense level for defendants with zero criminal history points who meet certain criteria. Doc. 26. Hie United States Probation Office filed a supplemental presentence report concluding that Almanzar-Alba was eligible for the zero-point offender recalculation. Doc. 27 at 3. He report also noted, however, that Almanzar-Alba's original guideline range was 108 to 135 months and that his amended guideline range, with the requested reduction, would be 87 to 108 months. Id. He probation office noted that because the 60-month sentence imposed was at or below the low end of the amended guideline range, Almanzar-Alba is not eligible for a sentence reduction. Id.
Accordingly, the motion for a sentence reduction is DENIED. Hie Clerk of Court is respectfully directed to terminate the motion, Doc. 26.
It is SO ORDERED.