Opinion
CASE NO.: 2:17-cr-102-FtM-38MRM
10-01-2020
UNITED STATES OF AMERICA v. JUAN CARLOS GONZALEZ
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Before the Court is Defendant Juan Carlos Gonzalez's pro se Motion for a Reduction in Sentencing (Doc. 90) and the Federal Public Defender's Off ice's Notice that it will not seek relief under Amendment 782 to the Sentencing Guidelines on Defendant's behalf (Doc. 93).
In 2018, the Court sentenced Defendant to 210 months' imprisonment for conspiring to distribute methamphetamine. (Doc. 65; Doc. 67). Defendant now moves to reduce his sentence under Amendment 782. (Doc. 90). Because of Defendant's motion, the Court appointed a federal public defender to review the record and file any motion for Defendant. (Doc. 91). A federal public defender has done so and advises that Defendant is ineligible for Amendment 782 relief because the Court sentenced him under the 2016 Guidelines Manual that incorporated the Amendment's benefits. The public defender has conferred with Defendant about this assessment and told him no further action will be taken. (Doc. 93 at 2).
After the Court's review of the record, it too finds that Defendant is ineligible for a sentence reduction under Amendment 782 because his originally imposed sentence contemplated the benefits of the Amendment. The Court thus denies Defendant's motion.
Accordingly, it is now
ORDERED:
(1) Defendant Juan Carlos Gonzalez's pro se Motion for a Reduction in Sentencing (Doc. 90) is DENIED.
(2) The Federal Public Defender's Office is RELIEVED of further representing Defendant on this Amendment 782 proceeding.
(3) The United States Probation Office is RELIEVED of its obligation to file an eligibility memorandum.
DONE AND ORDERED in Fort Myers, Florida on this 1st day of October 2020. Copies:
Counsel of Record