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United States v. Diaz

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Jun 4, 2018
11 Cr. 569 (PAC) (S.D.N.Y. Jun. 4, 2018)

Opinion

11 Cr. 569 (PAC)

06-04-2018

UNITED STATES OF AMERICA, v. ANGEL DIAZ Defendant.


OPINION & ORDER :

Angel Diaz, 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.

Diaz cites Amendment 782 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, Diaz'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). Diaz's sentence of 120 months in prison, however, is based on two consecutive 60-month statutory minimums mandated by 21 U.S.C. § 841(b)(1)(B) & 846, and 18 U.S.C. 924(c)(1)(A)(i) & (D)(ii). Amendment 782 may have affected Diaz's advisory guidelines range, but it did not alter the statutory minimums that formed the basis of his sentence. Accordingly, Diaz is not eligible for a sentence reduction under 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 . . . .").

The Court denies Diaz's motion for a reduction of sentence pursuant to 18 U.S.C. § 3582(c)(2). Dated: New York, New York

June 4, 2018

SO ORDERED

/s/_________

PAUL A. CROTTY

United States District Judge


Summaries of

United States v. Diaz

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Jun 4, 2018
11 Cr. 569 (PAC) (S.D.N.Y. Jun. 4, 2018)
Case details for

United States v. Diaz

Case Details

Full title:UNITED STATES OF AMERICA, v. ANGEL DIAZ Defendant.

Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Date published: Jun 4, 2018

Citations

11 Cr. 569 (PAC) (S.D.N.Y. Jun. 4, 2018)