Opinion
3:20-cr-00007-SLG
07-15-2024
UNITED STATES OF AMERICA, Plaintiff, v. ANGEL MARTIN-LARA, Defendant.
ORDER RE DEFENDANT'S MOTION TO REDUCE SENTENCE
SHARON L. GLEASON, UNITED STATES DISTRICT JUDGE.
Before the Court at Docket 61 is Defendant Martin-Lara's Motion for Reduction of Sentence Pursuant to Firs Step Act 18 U.S.C. § 3582(c), U.S.S.G. Amendment 821 2 Point Reduction Zero Point Offender. Attorney Michael Marks appeared in this matter for the purpose of this motion and at Docket 63 filed a notice that no amended motion would be filed. The Government responded with opposition to the motion at Docket 64, and the U.S. Probation Office filed a report at Docket 65 with the recommendation that Mr. Martin-Lara is not eligible for sentencing relief.
In his pro se motion, Mr. Martin-Lara asserts he is eligible for relief because he had zero criminal history points, and therefore qualifies for a two-point reduction. However, at sentencing the Court determined that Mr. Martin-Lara had two criminal history points, establishing a Criminal History Category of II. Therefore, he is not eligible for an Amendment 821 sentence reduction as a zero point offender and the motion at Docket 61 is accordingly, DENIED.