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United States v. Lugo

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Mar 4, 2021
98 CR 290-05 (CM) (S.D.N.Y. Mar. 4, 2021)

Opinion

98 CR 290-05 (CM)

03-04-2021

UNITED STATES OF AMERICA, v. ANGEL LUIS LUGO, Defendant.


DECISION AND ORDER DENYING DEFENDANT'S MOTION BROUGHT UNDER 18 U.S.C. § 3582(c)(1)(B) FOR A REDUCTION IN SENTENCE PURSUANT TO SECTION 404 OF THE FIRST STEP ACT OF 2018 AND THE FAIR SENTENCING ACT OF 2010 :

On August 3, 2000, the Angel Luis Lugo was convicted following a jury trial of one count of conspiracy to murder in aid of racketeering, in violation of 18 U.S.C. § 1959(a)(5) ("Count One"); and one count of murder in aid of racketeering, in violation of 18 U.S.C. § 1959(a)(1) and (2) ("Count Two"). On December 14, 2000, Lugo was sentenced to life in prison on Count Two, and ten years' imprisonment on Count One.

Lugo moves pursuant to 18 U.S.C. § 3582(c)(1)(B), to have his sentence reduced pursuant to Section 404 of the First Step Act of 2018, which makes retroactive the provisions of the Fair Sentencing Act of 2010, that lowered the mandatory minimum sentences applicable to offenses involving cocaine base (crack cocaine). But Lugo's offenses of conviction—conspiracy to murder in aid of racketeering and murder in aid of racketeering—are not "covered offenses," as defined in Section 404 of the First Step Act. Accordingly, there is no basis to reduce defendant's sentence under 18 U.S.C. § 3582(c)(1)(B).

The motion is denied. March 4, 2021

/s/_________

Colleen McMahon

Chief Judge


Summaries of

United States v. Lugo

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Mar 4, 2021
98 CR 290-05 (CM) (S.D.N.Y. Mar. 4, 2021)
Case details for

United States v. Lugo

Case Details

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

Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Date published: Mar 4, 2021

Citations

98 CR 290-05 (CM) (S.D.N.Y. Mar. 4, 2021)