Opinion
CR-19-00231-TUC-JGZ
06-28-2021
United States of America, Plaintiff, v. Luis Fernando Galaviz-Valenzuela, Defendant.
ORDER
Hon. Jennifer G. Zipps Judge
Pending before the Court is Defendant Luis Fernando Galaviz-Valenzuela's motion for compassionate release. (Doc. 51.) The request has been fully briefed. (Docs. 58, 61 & 62.) Mr. Galaviz-Valenzuela has exhausted his administrative remedies. Having considered the parties' filings and the record, the Court will deny the motion.
Pursuant to the First Step Act, 18 U.S.C. § 3582(c)(1)(A)(i), a sentencing court may reduce a term of imprisonment “after considering the factors set forth in section 3553(a) to the extent they are applicable, ” if the court finds (1) “extraordinary and compelling reasons warrant such a reduction, ” and (2) “the defendant is not a danger to the safety of any other person or to the community.” U.S.S.G. § 1B1.13. Additionally, the Court's reduction of a sentence must be “consistent with applicable policy statements issued by the Sentencing Commission.” 18 U.S.C. § 3582(c)(1)(A).
The Court, in the exercise of its discretion, concludes that a reduction in Mr. Galaviz-Valenzuela's sentence is not warranted in light of the 18 U.S.C. § 3553(a) factors, and further that Mr. Galaviz-Valenzuela poses a potential danger to the community. Mr. Galaviz-Valenzuela brought 27 kilograms of methamphetamine into the United States on December 28, 2018. He admitted that he may have crossed something illegal the week prior. His phone contained contact information for individuals involved with drug and alien smuggling. Mr. Galaviz-Valenzuela, who was college-educated and gainfully employed as a teacher, committed the offense for a significant sum of money. On this record, the Court concludes that the § 3553(a) factors, and specifically the need for punishment, deterrence, and public safety, do not support the request for relief. See United States v. Trujillo, 713 F.3d 1003, 1008 (9th Cir. 2013).
Accordingly, IT IS ORDERED that Defendant's Motion to Reduce Sentence (Compassionate Release) (Doc. 51) is DENIED.