United States v. Novoa-Cardenas

Full title: UNITED STATES OF AMERICA, Plaintiff, v. 1. JOSE LUIS NOVOA-CARDENAS, a/k/a…

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Aug 20, 2014

Criminal Case No. 02-cr-00293-REB-1 (D. Colo. Aug. 20, 2014)

Opinion

Criminal Case No. 02-cr-00293-REB-1

08-20-2014

UNITED STATES OF AMERICA, Plaintiff, v. 1. JOSE LUIS NOVOA-CARDENAS, a/k/a Chelis, a/k/a Pelon, a/k/a Don Ice, Defendant.

Judge Robert E. Blackburn

ORDER DENYING MOTION FOR REDUCTION OF SENTENCE

Blackburn, J.

The matter before me for consideration is the defendant's Motion For Modification/Reduction of Sentence Pursuant To The Fast Track Directive, U.S.C. § 3582(C)(2), § 3553(a) and The Supreme Court Decision Freeman v. U.S., 131 S. Ct. 2685 180 L.Ed. 2nd 519 (2011) [#1209] filed June 25, 2012. I deny the motion.

The defendant is proceeding pro se. Thus, I construe his papers liberally. See Erickson v. Pardus, 551 U.S. 89, 127 S. Ct. 2197, 2200, 167 L.Ed.2d 1081 (2007); Andrews v. Heaton, 483 F.3d 1070, 1076 (10th Cir. 2007); Hall v. Belmon, 935 F.2d 1106, 1110 (10^th Cir. 1991) (citing Haines v. Kerner, 404 U.S. 519, 520-21 (1972)).

On the relevant record - considered as a whole - I conclude as follows: (1) that the Department of Justice's "Fast-Track" does not confer any enforceable procedural or substantive rights on the defendant; (2) that Freeman v. United States, 131 S.Ct. 2685 (2011) is inapposite because the defendant's sentence was not based on guideline that was subsequently lowered by the Sentencing Commission; and (3) that tis court lacks jurisdiction to consider a reduction in sentence where, as here, the uncontroverted facts establish that the defendant is ineligible for relief under 18 U.S.C. § 3582(c)(2). Thus, the motion must be denied.¹

1 In further support of my ruling, I approve, adopt, and incorporate the reasons stated, arguments advanced, and authorities cited by the government in its response [#1226] filed August 20, 2012.

THEREFORE, IT IS ORDERED as follows:

1. That the defendant's Motion For Modification/Reduction of Sentence Pursuant To The Fast Track Directive, U.S.C. § 3582(C)(2), § 3553(a) and The Supreme Court Decision Freeman v. U.S., 131 S. Ct. 2685 180 L.Ed. 2nd 519 (2011) [#1209] is DENIED.

Dated August 20, 2014, at Denver, Colorado.

BY THE COURT:

/s/_________

Robert E. Blackburn

United States District Judge