Opinion
HEATHER E. WILLIAMS, Federal Defender, DAVID M. PORTER, Assistant Federal Defender Counsel Designated for Service, Sacramento, California, Attorneys for Defendant, EDUARDO ARELLANO-FELIX.
BENJAMIN B. WAGNER United States Attorney, JASON HITT, Assistant U.S. Attorney, Attorney for Plaintiff, UNITED STATES OF AMERICA.
STIPULATED MOTION AND ORDER TO REDUCE SENTENCE PURSUANT TO 18 U.S.C. § 3582(c)(2) RETROACTIVE DRUGS-MINUS-TWO REDUCTION CASE
MORRISON C. ENGLAND, Jr., Chief District Judge.
Defendant, EDUARDO ARELLANO-FELIX, by and through his attorney, Assistant Federal Defender David M. Porter, and plaintiff, UNITED STATES OF AMERICA, by and through its counsel, Assistant U.S. Attorney Jason Hitt, hereby stipulate as follows:
1. Pursuant to 18 U.S.C. § 3582(c)(2), this Court may reduce the term of imprisonment in the case of a defendant who has been sentenced to a term of imprisonment based on a sentencing range that has subsequently been lowered by the Sentencing Commission pursuant to 28 U.S.C. § 994(o);
2. On July 30, 2009, this Court sentenced Mr. Arellano-Felix to a term of 134 months imprisonment;
On March 13, 2013, an amended judgment (CR 136) was filed as a result of Mr. Arellano-Felix's motion to vacate his sentence. The amended judgment is identical to the original judgment and was filed to permit him to pursue a belated direct appeal. No notice of appeal was filed however.
3. His total offense level was 35, his criminal history category was I, and the resulting guideline range was 168 to 210 months. He received a reduction from the low end of the applicable guideline range on the government's motion;
4. The sentencing range applicable to Mr. Arellano-Felix was subsequently lowered by the United States Sentencing Commission in Amendment 782, made retroactive on July 18, 2014, see 79 Fed. Reg. 44, 973;
5. Mr. Arellano-Felix's total offense level has been reduced from 35 to 33, and his amended guideline range is 135 to 168 months. A reduction comparable to the one received at the initial sentencing would produce a term of 108 months, but Mr. Arellano-Felix is subject to a mandatory minimum term of 120 months;
6. Accordingly, the parties request the Court enter the order lodged herewith reducing Mr. Arellano-Felix' term of imprisonment to 120 months.
ORDER
This matter came before the Court on the stipulated motion of the defendant for reduction of sentence pursuant to 18 U.S.C. § 3582(c)(2).
The parties agree, and the Court finds, that Mr. Arellano-Felix is entitled to the benefit Amendment 782, which reduces the total offense level from 35 to 33, resulting in an amended guideline range of 135 to 168 months. A reduction comparable to the one received at the initial sentencing would produce a term of 108 months, however Mr. Arellano-Felix is subject to a mandatory minimum term of 120 months.
IT IS HEREBY ORDERED that the term of imprisonment imposed in July 2009 is reduced to a term of 120 months.
IT IS FURTHER ORDERED that all other terms and provisions of the amended judgment filed March 13, 2013 remain in effect. The clerk shall forthwith prepare an amended judgment reflecting the above reduction in sentence, and shall serve certified copies of the amended judgment on the United States Bureau of Prisons and the United States Probation Office.
Unless otherwise ordered, Mr. Arellano-Felix shall report to the United States Probation Office within seventy-two hours after his release.
IT IS SO ORDERED.