Opinion
Case No. 10-CR-64
05-27-2016
UNITED STATES OF AMERICA, Plaintiff, v. FAUSTINO JARAMILLO-UGARTE, Defendant.
DECISION AND ORDER
Before the Court is Defendant Faustino Jaramillo-Ugarte's motion to reduce his sentence pursuant to 18 U.S.C. § 3582(c), which allows a court to reduce a sentence if (1) the U.S. Sentencing Commission (Commission) has lowered the applicable guideline range, and (2) the reduction is consistent with applicable policy statements issued by the Commission.
In Jaramillo-Ugarte's case the first criterion has been met. However, Jaramillo-Ugarte was sentenced to the mandatory minimum of 120 months imprisonment, and the Commission's policy statement at USSG § 1B1.10 app. note 1(A) prohibits reduction of a sentence if an amendment "does not have the effect of lowering the defendant's applicable guideline range because of operation of another ... statutory provision (e.g., a statutory mandatory minimum term of imprisonment.)" As a matter of law, Jaramillo-Ugarte's sentence cannot fall below the statutory minimum, and no further reduction is allowed. Jaramillo-Ugarte fails to meet the second criterion. Accordingly, his motion must be denied.
IT IS HEREBY ORDERED THAT:
Jaramillo-Ugarte's motion to reduce sentence (ECF No. 529) is DENIED.
Dated at Milwaukee, Wisconsin, this 27th day of May, 2016.
BY THE COURT:
/s/ _________
HON. RUDOLPH T. RANDA
U.S. District Judge